Will the patent be published if the substantive examination fee is not paid?

Patents are very important to inventors. Only legal patents can be protected by law. However, there is a certain process for an inventor to apply for a patent, and relevant publicity can only be made after passing the patent application. So can an examination without payment be made public? In response to this question, the editor of Legal Savior Network has compiled the following content to answer your question. I hope it will be helpful to you.

Will the patent be disclosed if the substantive examination fee is not paid

1. Substantial The examination is conducted at the request of the applicant, and the applicant is required to pay a fee at the same time. If the applicant fails to pay this fee or fails to make a request within the prescribed time limit, the proposed invention application, even if it has been published, will be dismissed accordingly. It is regarded as withdrawn, that is, it has been contributed to society in vain and cannot obtain patent rights. The request for preliminary examination is made by default when submitting the application. Applicants only need to pay the basic application fee and publication fee and submit documents that meet legal requirements to have their application enter the preliminary examination process.

2. The content of substantive examination is more detailed than that of preliminary examination There are many more, and the requirements are relatively stricter. Higher standards have been set in terms of novelty, creativity and practicality, the degree of disclosure of the description, and whether the drafting of claims meets the requirements. If it meets the standards, it will be authorized; if it doesn't, it will be rejected.

3. Because the standards are higher and the examiner's workload is greater, the substantive examination procedure lasts much longer than the preliminary examination. For example, the preliminary examination may only It takes 3 months, while substantive examination often takes 1-3 years or even longer. During this period, the applicant needs to submit responses and modifications to the application documents within the specified time according to the examiner's requirements until the application documents meet the authorization standards. Otherwise the examiner has the right to reject it.

What is patent substantive examination

Patent substantive examination is It means that the State Intellectual Property Office carefully studies the application documents for invention patent applications, examines the novelty, creativity and practicality of the invention, searches for the invention required to be protected, and determines whether the invention complies with the provisions of the patent law and implementation rules. The final decision is made on whether to grant a patent.

ProceedThe prerequisite for substantive examination is that the applicant files a request for beneficial examination. The applicant may request the Patent Office to conduct a substantive examination of his invention patent application at any time within three years from the priority date if he claims priority. If the applicant does not submit a request for substantive examination within the above period, the application will be deemed to have been withdrawn.

After reading the above content, everyone will understand that this is a very critical point for inventors. Only by successfully applying for a patent can they be legally protected. To get the best protection, this is something we inventors need to understand. If you have any questions during this process, you can seek relevant consultation. If you have other questions and would like to consult a lawyer, please feel free to consult a professional lawyer on the Legal Savior Network.