What is the time for substantive examination
Substantial examination The time is uncertain, generally 6-18 months, depending on the content of the invention, the examiner’s understanding of the invention, the examiner’s work schedule, and the time for document correspondence between the examiner and the applicant or his agent.
Trademark substantive examination
Substantial examination is the trademark registration supervisor The agency conducts a series of activities such as inspection, data retrieval, analysis and comparison, investigation and research on whether a trademark registration application complies with the provisions of the Trademark Law, and decides to give preliminary approval or reject the application.
(1) Review of the absolute grounds for refusal of trademark registration, that is, review of whether the applied trademark violates prohibited terms and whether it has distinctive features;
(2) Review of the relative reasons for refusing trademark registration, that is, review of whether the applied trademark conflicts with prior rights, so it is also called novelty review.
means that the administrative agency must not only review the application materials A review will be conducted to see if the essential requirements are met, and the substantive content of the application materials will also be reviewed to see if they meet the conditions. For the substantive review of the application, some can adopt the method of written review, that is, to understand the relevant situation through the statement of the application materials and conduct the review. However, some substantive reviews require on-site verification to confirm the true situation. For example, the Food Hygiene Law stipulates that after the food hygiene supervision agency conducts a preliminary review of the application materials of food production and operation enterprises and food vendors, it shall appoint food hygiene supervisors to conduct in-depth on-site hygiene inspections within the specified period, and inspect links that do not meet the hygiene requirements. , put forward opinions and provide guidance, and then review it after correction until it meets the health requirements stipulated by the state.
Another example is liquefied gas railway tank car (tank) transportationArticle 7 of the License Issuance Rules stipulates: “During the review and issuance or reexamination process of liquefied gas railway tank cars, the liquefied gas railway tank cars may be inspected on-site when necessary.” If on-site inspection is required, the administrative agency shall appoint two The above staff will conduct verification. When conducting on-site inspections, administrative agency staff should present their law enforcement identification documents to the parties or other relevant personnel to show that they are performing official duties on behalf of the country. Otherwise, the parties may refuse to accept verification. For example, Article 9 of the certification procedures for pollution-free agricultural products stipulates: “If the application materials meet the requirements, but an on-site inspection of the place of production is required, the center shall make an on-site inspection plan within 10 working days and organize qualified inspectors to form an inspection team. , and notify the applicant at the same time and ask the applicant to confirm. The inspection team will complete the on-site inspection within the time specified in the inspection plan." Administrative agencies are required to send more than two staff members to conduct inspections, mainly to ensure the fairness of the inspection work.
Administrative agencies should adopt an extremely cautious attitude towards complex or major administrative licensing, and the responsible persons of the administrative agencies should make collective discussions and decisions. Administrative licenses with complex or major circumstances generally refer to public interests or major interests of interested parties. For such administrative licenses, in addition to applying general review procedures, the applicant or interested parties are given an opportunity to state and defend themselves. If the hearing conditions are met, the hearing shall be held in accordance with the hearing procedures. Before making an administrative licensing decision, the person in charge of the administrative agency should have a collective discussion, conduct in-depth analysis and research on the situation during the review process, and then make an administrative licensing decision to maximize the protection of the legitimate rights and interests of citizens and organizations in terms of administrative procedures.
Patent substantive examination
Substantive examination is also called complete examination System, 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.
The substantive review system is divided into two types: immediate review system and delayed review system.
1. Instant review system, also known as one-time review system. That is, after the Patent Office conducts a formal examination of the application, without the applicant requesting a substantive examination, it will immediately examine the contents of the patent application for novelty, inventiveness and practicality to determine whether to grant the patent right. The advantage of the instant review system is that it can ensure the patent rights grantedimprove the quality of patents and reduce litigation disputes, which simplifies the examination process to a certain extent. The disadvantage is that the approval time is long and a large patent examination agency is required. Currently, this censorship system is implemented in the United States, the Soviet Union, Canada, Sweden, India and other countries.
2. Delayed review system, also called early public request review system. That is, after the Patent Office conducts a formal examination of a patent application, it does not immediately conduct a substantive examination. Instead, it first makes the application public. The applicant can request a substantive examination at any time within a period of time from the date of application. After the applicant submits the substantive examination, After the request for examination, the Patent Office will only conduct a substantive examination if it has been disclosed. If the applicant does not submit a request for substantive examination within the statutory time limit, the application will be deemed to have been automatically withdrawn. The statutory time limit for requesting substantive examination varies from country to country, ranging from 2 to 7 years. It takes 7 years in Japan, West Germany, and the Netherlands, 5 years in Australia and other countries, 2 years in Brazil, and 3 years in my country.
The advantages of early disclosure of the delayed examination system are: it speeds up the exchange of patent information; it gives applicants sufficient time to consider whether to submit a substantive examination request and when to submit it. If some of the applicants will give up their request for substantive examination based on the actual situation, this will avoid rejection and save examination costs, while the Patent Office will reduce the workload of examination and approval and enable examiners to concentrate on Focus on examining and handling patent applications that request substantive examination. However, this review system takes too long, leaving patent applications pending for a long time and easily causing disputes. In addition, the period from early disclosure to the issuance of a patent certificate is a legal temporary protection period, during which the applicant's rights and interests cannot be fully and reliably protected. In general, the early public delayed examination system combines the advantages of formal examination and prompt examination, solves the sharp contradictions that have arisen in the history of the development of the patent system, and is adopted by more and more countries.
The above is the editor’s introduction to the time of substantive examination. Today, my country's intellectual property-related legislation is relatively complete, and substantive examination is still relatively strict, mainly to limit the abuse of patents. If you still don’t understand anything, you can come to the Legal Savior Network for legal consultation.
No comments yet. Say something...