How does substantive examination take effect?

If an applicant wants to apply for a patent from the Patent Office, the Patent Office needs to review it. The examination is divided into formal examination and substantive examination. Under special circumstances, if the applicant applies for substantive examination, the Patent Office requires substantive examination. So, how does substantive examination take effect? Below, the editor of Legal Savior Network will introduce the specific content to you in detail.

How does substantive examination take effect

If no reason for rejection is found after substantive examination of the invention patent application, the State Council shall The patent administrative department makes a decision to grant an invention patent right, issues an invention patent certificate, and registers and announces it at the same time. The invention patent right shall take effect from the date of announcement.

Patent substantive examination refers to the patent office’s review of the application When the application is reviewed, not only the formal requirements of the application must be reviewed, but also whether the invention-creation in the application meets the substantive requirements such as novelty, inventiveness and practicality.

The invention and creation in the application must be novel This means that it must be the result of your own labor or wisdom, and you cannot copy the results of others. To ensure that the invention you apply for is novel, you must try your best to avoid publishing articles related to this technology or selling designs and applying for patents before the filing date. products related to the patented technology, let alone manufacturing or constructing the patented technology in front of the public before the filing date. Many people have a misunderstanding that they can only apply for a patent after the technology development has been completed. However, applying for a patent does not require that the technology has been completed. At the beginning of the technology research and development, relevant ideas have been developed and the development ideas have been verified through experiments. Once you know the most appropriate parameters, you can start applying for a patent to avoid future applications that may damage the novelty of your invention.

The invention-creation in the application must be creative, which means that the invention is patented Creation has a higher technical content than existing technology. Regarding the determination of creativity, different fields have different judgment principles and methods, but no matter which field you are in, you should conduct scientific research and innovation based on existing technology and actual conditions, so that your inventions and creations can be more creative. The invention-creation in the application must be practical, which means that the invention can be made or used and can produce positive effects. It is not difficult to understand such a requirement. Just imagine, an invention is particularly cool and eye-catching, but "but of no use", which really makes the listener sad and the listener in tears! However, "practical" The requirement of "uniqueness" is relatively imaginary. Just because an invention cannot be made or used under existing technical conditions does not mean that it can never be made. Genius' inventions always start from fantastic ideas and turn the impossible into something. possible. If you think your invention is novel and unique enough, be brave enough to apply for a patent for it. Don't worry too much about others taking advantage of it.

If you still don’t understand, You may wish to consult with our lawyers at LegalSavior.com.