What does the validity of the substantive examination of an invention patent mean?

Substantive examination (especially invention Patents). Conduct a comprehensive review of whether the patent application has novelty, creativity, practicality and other substantive conditions stipulated in the patent law. If upon review it is determined that the conditions for authorization are not met or there are various deficiencies, the applicant will be notified to state their opinions or make modifications within the specified time. If no reply is made within the time limit, the application will be deemed to have been withdrawn, and the application still does not meet the requirements after multiple replies. , be dismissed. Let’s take a look with the editor of Legal Savior Network.

1. What does the validity of the substantive examination of the invention patent mean?

The substance of the invention patent The validity of the examination means that the patent application has passed the substantive examination stage and meets the conditions for patent authorization. This stage is an important process to ensure the novelty and uniqueness of the invention patent, improve the authority of the invention patent, and protect the rights and interests of the inventor. The examiner will search for relevant technical documents around the world for comparison. If the patent application meets all authorization conditions, the Patent Office will issue a document notifying the applicant to register for authorization, thereby granting the patent right.

[Legal basis]

"Patent Law of the People's Republic of China"

Article 26

When applying for an invention or utility model patent, a request, description and Documents such as abstract and claims.

Article 35

Within three years from the filing date of an invention patent application, the State Council The patent administration department may conduct a substantive examination of the application based on the request made by the applicant at any time; if the applicant fails to request a substantive examination beyond the time limit without justifiable reasons, the application will be deemed to have been withdrawn.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 40 If no reason for rejection is found after preliminary examination of a utility model or design patent application, the patent administration department of the State Council shall make a decision to grant the utility model patent right or design patent right. The decision on the design patent right shall be issued with a corresponding patent certificate, and shall be registered and announced at the same time. Utility model patent rights and design patent rights take effect from the date of announcement.

2. How to check whether a patent has been applied for

To check whether a patent has been applied for To apply, you can adopt the following methods:

1. Call the customer service number of the State Intellectual Property Office. Consult customer service staff about the progress of patent application.

2. Use a third-party patent query website. These websites usually provide more detailed patent information, including patent abstracts, claims, specifications, etc. However, these websites may require payment to obtain more comprehensive patent information.

3. Search using the patent classification number. Patent classification numbers are codes that classify patent technology fields. If there are too many keyword search results, you can also try to use patent classification numbers to search, which can help users find relevant patents more accurately.

4. Visit the official website of the State Intellectual Property Office. On the "Patent Search and Inquiry" page, find "China Patent Inquiry System" and click to enter the inquiry. Enter the patent name to query, and then view the basic information of the patent, including patent number, application date, announcement date, publication date, authorization status and other information.

5. Access the patent search database. Both the State Intellectual Property Office and third-party patent platforms have their own patent search databases. Users can select a database that suits their needs to search, and enter keywords related to the patent they want to query, such as technical field, invention title, inventor, etc. At the same time, try to use multiple keywords to improve search accuracy.