1. Within what period can an invention patent application apply for substantive examination
1. You can apply for substantive examination within 3 years from the date of application. Within three years from the filing date of an invention patent application, the patent administration department of the State Council may conduct a substantive examination of the application upon request made by the applicant at any time. If the application is not made within the time limit, the application will be deemed to have been withdrawn.
2. Legal basis: "Patent Law of the People's Republic of China"
35 Within three years from the date of application for an invention patent, the patent administration department of the State Council may conduct a substantive examination of the application upon request made by the applicant at any time; if the applicant fails to request a substantive examination beyond the time limit without justifiable reasons, the application shall be deemed to have been withdrawn. .
When the patent administration department of the State Council deems it necessary, it may conduct a substantive examination of an invention patent application on its own.
2. What are the contents of patent substantive examination
The Patent Office will conduct a substantive examination of the patent application after receiving the request for substantive examination submitted by the applicant, the prior art reference material, and the substantive examination fee. Usually It is necessary to search the existing technology related to the subject of the invention and examine the following issues:
1. Whether the invention for which the patent is applied for is an invention referred to in the patent law;
2. Whether the invention applied for patent violates national laws, social ethics, and public interests;
3. Whether the invention for which the patent is applied for belongs to a field in which patent rights are not granted;
4. ApplicationWhether the patented invention is novel, creative and practical;
5. Whether it meets the requirement that only one patent can be granted for the same invention;
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6. In accordance with the provisions of Article 9 of the Patent Law, whether you are the first applicant;
7. Whether the description clearly and completely describes the content of the invention, and whether the writing of the description complies with the regulations;
8. Whether the claims are based on the description, and whether the description is clearly stated Whether the scope of protection required and the writing of the claims comply with the regulations;
9. Whether the patent application meets the requirements of unity;
10. Whether the applicant's modification or division of the application documents obviously exceeds the scope recorded in the original description and claims.
According to the provisions of the Patent Law, within three years from the filing date of an invention patent application, the patent administration department of the State Council may, upon request made by the applicant at any time, Apply for substantive examination. If the application is not made within the time limit, the application will be deemed to have been withdrawn. . I hope the above content can be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior website to consult a professional lawyer.
