How long does it take to enter substantive examination?

The law has specific provisions on the time for substantive examination, which is within three years from the date of application. However, it is obvious that the law only stipulates an approximate time and does not clearly specify when it is. This requires our applicants Judge and decide for yourself, and follow the editor of Legal Savior Network to take a look.

How long does it take to enter the substantive examination

Inventions that can be protected by patents under my country’s Patent Law include inventions, utility models and There are three types of book design in foreign patent law, among which invention patent is the most important one.

Within three years from the filing date of an invention patent application, the patent administration department of the State Council may make a substantive application based on the request made by the applicant at any time. It should be noted that if the applicant fails to request substantive examination beyond the time limit without justifiable reasons, the application will be deemed to have been withdrawn.

In addition, when the patent administration department of the State Council deems it necessary, it may conduct substantive examination of invention patent applications on its own.

Article 35 of the Patent Law: 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, proceed with the application. The application will be reviewed first; if the applicant fails to request substantive examination beyond the time limit without justifiable reasons, the application will be deemed to have been withdrawn.

Relevant requirements for substantive examination requests

Relevant requirements for substantive examination requests should be filed on the filing date (priority date means that the priority is filed within three years, and the substantive examination fee must be paid within this period.

Because the examination procedure for invention patents starts with preliminary examination, and then proceeds to substantive examination after passing the preliminary examination, so only after passing the preliminary examination, starting from the filing date (priority date) A request for substantive examination can be submitted to the Patent Office within three years.

It means that when the patent office examines an application, it must not only examine the formal requirements of the application, but also whether the invention-creation in the application meets the Substantive elements such as novelty, creativity and practicality will be reviewed.

According to the Chinese Patent Law, invention patents are subject to a substantive examination system, while utility model patents and design patents are subject to a formal examination system.

AfterThe applicant must also meet the substantive requirements. 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.

The main process of invention patent application includes: submission of application - preliminary examination - disclosure stage - substantive examination - patent authorization.

The above is the time for substantive examination introduced by the editor of Legal Savior.com. Within three years from the filing date of an invention patent application, the Patent Administration Department of the State Council can A request made by a person at any time shall be substantively applied for the application. Within these three years, you can apply at any time. If necessary, you can contact a lawyer on the Legal Savior Network.