Is the substantive examination fee applicable to invention patent applications and utility model patent applications?
If no reason for rejection is found after preliminary examination of the utility model or design patent application, the patent administration department of the State Council shall make a decision to grant the utility model patent right or the design patent right, issue the corresponding patent certificate, and register it at the same time and announcements. Utility model patent rights and design patent rights take effect from the date of announcement.
It can be seen that the examination procedures for utility model patents in my country are acceptance, preliminary examination, authorization, registration, and announcement. my country's utility model patent examination system adopts a preliminary examination and registration system. After accepting a utility model patent application, the patent administrative department of the State Council only conducts a formal examination to see whether there is a lack of necessary documents determined by law and whether the document format is written correctly and standardized. If no reason for rejection is found, the patent right will be granted and registered and announced.
According to national regulations, utility patents and appearance patents do not need to undergo substantive examination and do not need to pay substantive examination fees, so the substantive examination fees apply to invention patents Apply.
What is substantive review
Substantive review, also known as the complete review system, was founded in the United States in 1836. With the continuous advancement of science and technology, the number of inventions and creations is increasing day by day. The registration system often allows applications without any scientific and technological value to obtain patent rights. This has caused dissatisfaction among many patent users. Therefore, public opinion requires a substantive examination of the content of the invention. , that is, in addition to the formal examination, a substantive examination of novelty, inventiveness, and practicality must be conducted before determining whether to grant a patent right.
Characteristics of substantive examination of invention patents
Invention patent substantive examination is only required during the application process. Utility model patents and design patents do not have this stage. Invention patents must be examined. If not, they will not be authorized.
After the invention patent application is published, if the applicant has submitted a substantive examination request and it has taken effect, the applicant will enter the substantive examination procedure. If an invention patent application has not submitted a request for substantive examination within three years from the filing date, or if the request for substantive examination has not taken effect, the application will be deemed to have been withdrawn.
During the actual examination, a comprehensive review will be conducted on whether the patent application has novelty, creativity, practicality and other substantive conditions stipulated in the patent law. If upon review it is determined that the conditions for authorization are not met or there are various deficiencies, the applicant will be notified to state their opinions or make modifications within the specified time. If no reply is made within the time limit, the application will be deemed to have been withdrawn, and the application still does not meet the requirements after multiple replies. , be dismissed. The actual review period is long. If authorization has not been granted within two years from the date of application, the application maintenance fee must be paid every year from the third year. If it is not paid within the time limit, the application will be deemed to have been withdrawn.
If no reason for rejection is found during the substantive examination, the authorization procedure will be entered in accordance with regulations.
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