How long does it take to enter the substantive examination time?

It takes three years to enter the substantive review time. According to relevant legal provisions, parties applying for a patent must submit relevant materials, and within three years after receiving the application for an invention patent, the patent administration department of the State Council may conduct a substantive examination of the application based on the request made by the applicant at any time, and no reason for rejection is found. , issue an invention patent certificate, register and announce it at the same time. Regarding the question of how long it takes to enter the substantive examination, the editor of Legal Savior Network will give you a detailed answer below.

1. How long does it take to enter the substantive examination

1. Three years It takes a long time to enter the substantive examination time. According to relevant legal provisions, parties applying for a patent must submit relevant materials, and within three years after receiving the application for an invention patent, the patent administration department of the State Council may conduct a substantive examination of the application based on the request made by the applicant at any time, and no reason for rejection is found. , issue an invention patent certificate, register and announce it at the same time.

2. Legal basis:

"Patent Law of the People's Republic of China" 26 Article 1 stipulates that when applying for a patent for invention or utility model, a request, description, abstract, claims and other documents must be submitted.

Article 34 stipulates that after the patent administration department of the State Council receives an invention patent application, and upon preliminary examination determines that it meets the requirements of this Law, the patent application shall expire from the date of application. It will be announced in eighteen months. The patent administration department of the State Council may publish the application as early as possible upon the applicant's request.

Article 35 stipulates that within three years from the date of application for an invention patent, the patent administration department of the State Council may, based on the request made by the applicant at any time, apply for an invention patent. Conduct substantive examination; if the applicant fails to request substantive examination within the time limit without justifiable reasons, the application will be deemed to have been withdrawn.

Article 39 stipulates that if no reason for rejection of an invention patent application is found after substantive examination, the patent administration department of the State Council shall make a decision to grant the invention patent right and issue the Issue an invention patent certificate and register and announce it at the same time. The invention patent right shall take effect from the date of announcement.

2. What is substantive examination

Substantial examination refers to the National Patent Office’s examination of the novelty of the invention for which a patent is applied. , creativity, practicality and other substantive content. Within 3 years from the filing date of an invention patent application, the National Patent Office may conduct a substantive examination of the application based on the 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 will be deemed to have been withdrawn. When the National Patent Office deems it necessary, it may conduct a substantive examination of an invention patent application on its own.

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