What are the characteristics of the substantive examination system?

Substantive examination is a relevant procedure that an inventor needs to carry out when applying for a patent, and it is also an indispensable step. The relevant laws of our country stipulate that the substantive examination system has certain characteristics, but many people do not understand the characteristics of the substantive examination system. The editor of Legal Savior Network has compiled the following content to answer your questions. I hope it will be helpful to you.

What are the characteristics of the substantive examination system?

1. The substantive examination system is generally There are two types: immediate review system and delayed review system.

2. Instant review system, also known as one-time review system. Immediately after the Patent Office conducts a formal review of the application, without the applicant requesting a substantive review, it will immediately review the content 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 quality of the patent rights granted and reduce litigation disputes, which simplifies the review process to a certain extent. The disadvantage is that the approval time is long and a large patent examination agency is required.

3. Delayed review system, also called early disclosure request censorship. 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for substantive examination within the statutory time limit, the application will be deemed to have been automatically withdrawn.

4. In practice, a preliminary examination system is adopted for utility model and design patent applications. The State Intellectual Property Office only examines the form of the patent application and whether it has obvious Substantive defects will be examined, and the patent right will be granted if the formal requirements are met and no obvious substantive defects are found; for invention patent applications, a substantive examination system is adopted. In addition to examining the form of the patent application, the State Intellectual Property Office also examines the application. Whether the content involved meets the definition of invention, whether the description clearly and completely describes the technical content of the invention, whether the claims are clear, concise and supported by the description, whether the claimed invention has novelty, creativity and practicality, application Substantive issues such as whether the modification of the document exceeds the scope of the original description and claims will be reviewed. If no reason for rejection is found, the patent right will be granted.

The above is an introduction to the characteristics of the substantive examination system, which will be helpful to inventors in applying for patents. In practice, we need to understand the relevant legal provisions clearly so that we can better cooperate with the patent application process and safeguard our legal patent rights. If your situation is more complicated, Legal Savior Network welcomes you to seek legal consultation.