1. Specific steps for examination of invention patents
Examination procedures for invention patents The details are as follows:
(1). Documents required for submission of application:
1. Instructions , claims, abstract, drawings (if any). All application documents must be submitted in Chinese;
2. Contact form, which must include the following information: Name or name and address of the inventor and Applicant; priority is given For a right request, the country, filing date and application number of the earlier application should be provided;
3. The power of attorney signed by the applicant can be supplemented after the filing date. Submit;
4. Priority certificate. If priority is claimed, relevant priority certification documents must be submitted within 3 months from the filing date.
5. Proof of priority transfer. If the applicant who applied earlier is different from the applicant who applied later, the original or notarized copy of the priority transfer certificate must be provided. The priority transfer certificate can be submitted within 3 months from the filing date.
(2) Preliminary examination:
The National Patent Office conducts preliminary examination of invention patents , review whether the submitted documents meet the requirements.
(3) Publication:
After preliminary examination by the Patent Office, it complies with the provisions of the Patent Law If the formal requirements require it, the invention patent shall be published within 18 months from the filing date or the priority date. After the invention patent is published, the application will receive temporary protection, and the applicant can require the unit or individual who implemented the invention to pay appropriate fees.
Announcement in advance
If an invention patent applicant requests to publish his patent application in advance, preparations for publication will be made from the date of passing the preliminary examination, and the publication will be published at the expiration of three months.
(4) Substantive examination:
Invention patent applications require substantive examination. The substantive examination procedure for invention patent applications is mainly initiated based on the applicant's request for substantive examination. In order to initiate the substantive examination procedure, the applicant should submit a formal substantive examination request within 3 years from the Chinese application date or priority date. If no substantive examination is requested within this period, the application will be deemed to have been withdrawn.
(5) Modification of application:
When a request for substantive examination is submitted, or Within 3 months from the date of receipt of the notice of entry into practical examination issued by the China Patent Office, the applicant may proactively propose modifications to the application documents to the China Patent Office, but such modifications shall not exceed the scope recorded in the original description and claims. . When responding to the examination opinions, the applicant can modify the application documents according to the examiner's opinions.
(6) Authorization:
No reason for rejection is found after substantive examination of the invention patent application Yes, the Patent Office will issue an authorization notice. After the Patent Office issues the authorization notice and the registration formalities notice, the applicant should pay the registration fee, announcement printing fee, maintenance fee and annual fee for the year of authorization, etc. within 2 months from the date of receipt of the notice.
(7) Issuance of patent certificate, patent registration, and announcement in the patent bulletin:
If the applicant completes the registration procedures within the prescribed time limit, the Patent Office will issue an invention patent certificate, register and announce it at the same time, and the patent right will take effect from the date of announcement.
(8). Annual fee:
After authorization, the patentee shall Before the expiration of the term, annual fees must be paid in accordance with regulations to maintain the validity of the patent.
2. Relevant legal provisions
"Chinese People'sPatent Law of the Republic of ChinaArticle 35 Within three years from the filing date of an invention patent application, the patent administration department of the State Council may, based on the request made by the applicant at any time, The application shall be subject to substantive examination; if the applicant fails to request substantive examination within the time limit without justifiable reasons, the application shall be deemed to have been withdrawn.
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.
Article 36 When an applicant for an invention patent requests substantive examination, he shall submit reference materials related to his invention before the filing date.
If an invention patent application has been filed in a foreign country, the patent administration department of the State Council may require the applicant to submit within a specified period of time the information that the country will search for to review the application. or review results; if the application is not submitted within the time limit without justifiable reasons, the application will be deemed to have been withdrawn.
Article 37 If, after conducting a substantive examination of an invention patent application, the patent administration department of the State Council deems that it does not comply with the provisions of this Law, it shall notify the applicant and require him or her to State your opinions or make modifications to your application within the specified time limit; if you fail to respond within the time limit without justifiable reasons, the application will be deemed to have been withdrawn.
The above knowledge is the editor’s answer to relevant legal issues. After the inventor applies for a patent, the patent management department conducts a preliminary review of the application, and upon review, the application meets the requirements. Yes, you can apply for substantive review within three years. If you need legal help, readers can go to the Legal Savior Network for consultation. The Legal Savior Network has professional lawyers to answer your questions.
No comments yet. Say something...