1. Is it likely that the invention patent will be authorized after entering into practical examination?
After an invention patent enters the substantive examination stage, the possibility of authorization exists, but it is not absolute. The substantive examination stage is a technical examination of the invention patent application, which mainly examines the technicality, novelty, non-obviousness and other contents of the technical solution. The outcome of the review will determine whether the patent is granted.
There are many factors that affect the granting of invention patents, including the technicality and novelty of the technical solution, and whether there is similarity or identity with previous technical solutions. In addition, different technical examination departments may have different standards and requirements, so the possibility of granting the same invention patent application may also be different.
In the process of applying for an invention patent, in order to increase the possibility of authorization, the applicant needs to ensure the novelty of its technical solution and write the invention patent application in a standardized manner. . At the same time, applicants need to take the replies and revisions from the technical review department seriously and make reasonable replies and revisions.
After an invention patent enters the substantive examination stage, the length of time for authorization may vary. Generally speaking, the substantive review process may take 6-18 months, but the specific length of time depends on a number of factors, including the complexity of the technical solution, the efficiency of the review department, etc.
To sum up, after the invention patent enters the substantive examination stage, the possibility of authorization exists, but whether it can be authorized still needs to go through the technical examination department Review. In order to increase the possibility of authorization, applicants need to ensure the novelty of their technical solutions, write applications in a standardized manner, and take the responses and revisions from the technical review department seriously.
Article 51 of the Implementing Rules of the Patent Law
The applicant for an invention patent is When submitting a request for substantive examination and from the date of receipt of the notice from the Patent Administration Department of the State Council that the invention patent application has entered the substantive examination stageWithin 3 months, you can actively propose modifications to your invention patent application.
Applicants for utility model or design patents may proactively propose modifications to their utility model or design patent applications within 2 months from the filing date.
If the applicant modifies the patent application documents after receiving the notice of examination opinion issued by the Patent Administration Department of the State Council, he shall make modifications to address the defects pointed out in the notice.
The patent administration department of the State Council may correct obvious errors in words and symbols in patent application documents on its own. If the patent administration department of the State Council makes modifications on its own initiative, it shall notify the applicant.
2. How long does it take for an invention patent to enter the practical examination stage to be authorized?
After an invention patent enters the practical examination stage, the time for authorization depends on a variety of factors, such as the technical solution of the invention, the quality of the patent application documents, the examiner's understanding of the invention, and the examiner's work schedule. Usually, the time for the substantive examination stage of an invention patent is 6-18 months.
However, it is worth noting that the invention patent will be published 18 months after the application date. If a practical examination is filed immediately after the publication, it is generally authorized after the second pass. , almost more than two years. You can also apply for early disclosure and actual review when applying, which will be faster, but it will not be authorized earlier than 18 months at the earliest. Even if the review is completed within 18 months, authorization will have to wait until 18 months later, because conflicts must be considered Application questions. Therefore, after an invention patent enters the practical examination stage, it usually takes 1.5-3 years to be authorized. However, the specific time still needs to be determined based on specific circumstances.
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