1. What does it mean for the substantive examination of invention patents to be effective
The substance of invention patents The effective examination means that the patent has passed the preliminary examination and entered the substantive examination stage. At this stage, the Patent Office will conduct a detailed review of the patent application, including review of technical content, novelty, inventiveness, practicality, etc., to determine whether the patent meets the conditions for authorization.
If the patent is deemed to meet the authorization conditions after substantive examination, the Patent Office will issue an authorization notice, and the applicant needs to pay the authorization fee in accordance with regulations, and then the Patent Office will A patent certificate is issued, officially authorizing the patent. At this time, the patent has obtained patent rights and can enjoy the protection of patent law.
It should be noted that the effectiveness of substantive examination does not mean that the patent will be granted patent rights, because it still needs to be evaluated by substantive examination. If the patent is deemed not to meet the grant conditions during substantive examination, the Patent Office will issue a notice of rejection, and the applicant needs to make modifications or state opinions based on the opinions in the notice and conduct the examination again. Therefore, the effectiveness of substantive examination is only one step in the patent authorization process. Whether the patent right can ultimately be obtained still needs to go through a series of reviews and evaluations.
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 within 3 months 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 stage, you may proactively propose amendments to the 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 opinions issued by the Patent Administration Department of the State Council, he shall correct the defects pointed out in the notice.Make changes.
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. What are the procedures after the substantive examination of invention patents
The process after the substantive examination of the invention patent includes:
Authorization stage: the invention patent is After passing the substantive examination, the Patent Office will check and review again. After confirming that it is correct, it will issue an authorization notice and a registration formality notice.
Going through registration procedures: Applicants need to go through registration procedures and pay fees in accordance with the requirements in the notice within the specified time.
Granting of patent rights: If the applicant completes the registration procedures and pays the fees as required, the Patent Office will grant the patent right and issue a patent certificate.
After the above process is completed, the application process for the invention patent is over. It should be noted that an invention patent needs to go through stages such as acceptance, preliminary examination, and publication from application to publication, and the substantive examination stage is conducted after the invention patent is published. Only after passing the substantive examination will the authorization stage be entered. Therefore, the substantive examination of an invention patent is a very important step in the application process.
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