1. What does substantive examination mean?
1. Substantive examination of patents is It means that when the patent office examines an application, it must not only examine the formal requirements of the application, but also examine whether the invention-creation in the application meets the substantive requirements such as novelty, inventiveness and practicality.
2. Within three years from the filing date of an invention patent application, the State Intellectual Property Office may conduct a substantive examination of the application based on the request made by the applicant at any time; application If a person fails to request substantive examination within the time limit without justifiable reasons, the application will be deemed to have been withdrawn. When the State Intellectual Property Office deems it necessary, it may conduct a substantive examination of the invention patent application on its own.
3. "Patent Law"
Article 34. The Patent Administration Department of the State Council shall collect After an invention patent is applied for, if it is determined through preliminary examination that it meets the requirements of this Law, it will be published immediately after eighteen months from the date of application. The patent administration department of the State Council may publish the application as early as possible upon the applicant's request.
Article 35 Within three years from the date of application for an invention patent, the patent administration department of the State Council may conduct substantive review of the application upon request made by the applicant at any time. Review; if the applicant fails to request substantive review beyond the time limit without justifiable reasons, the application will be deemed to have been withdrawn.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 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 resultIf 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.
Article 38 If the patent administration department of the State Council still considers that the application for an invention patent does not comply with the provisions of this Law after the applicant has stated its opinions or made modifications, it shall revoke the application. turn down.
Article 39: If no reason for rejection of an invention patent application is found after substantive examination, the patent administration department of the State Council shall make a decision to grant the invention patent right and issue the invention The patent certificate shall be registered and announced at the same time. The invention patent right shall take effect from the date of announcement.
2. How much is the substantive examination fee for invention patents
1. According to the adjusted patent charging items and standards of the State Intellectual Property Office and the announcement of related matters: the examination fee for invention patent applications is 2,500 yuan.
"Patent Law Implementing Rules"
Article 93 to the Patent Administration Department of the State Council When applying for a patent and handling other procedures, the following fees must be paid:
(1) Application fee, application surcharge, publication and printing fee, priority claim fee;
(2) Substantive examination fees and re-examination fees for invention patent applications;
(3) Patent Registration fee, announcement printing fee, annual fee;
(4) Rights restoration request fee, deadline extension request fee;
(5) Fees for changes in descriptions, fees for requesting patent evaluation reports, and fees for requesting invalidation.
2. The payment standards for the various fees listed in the preceding paragraph shall be stipulated by the price management department and the financial department of the State Council in conjunction with the patent administration department of the State Council.
The summary of the editor of Legal Savior Network ends here. If you still have relevant legal consultation or do not understand other matters, you are welcome to come to Legal Savior Network for legal consultation. Legal Savior Network Provide professional legal consulting services, and a professional team of lawyers will answer your questions. We will provide you with solutions based on the actual situation.