What is the order of patent publication and substantive examination?

Patent is an encouragement policy provided by the state to creators of patented inventions. Patents must be applied for, and a substantive examination must be conducted after the application. Only those that pass the substantive examination can become a patent. What is the sequence of patent publication and substantive examination? The editor of Legal Savior Network will introduce it to you below, hoping it will be helpful to everyone.

What is the order of patent publication and substantive examination

The patent must be published first and then substantively examined, because the examination time is longer. long.

Article 35 of the Patent Law It stipulates: “Within three years from the filing date of an invention patent application, the patent administration department of the State Council may review the application based on the request made by the applicant at any time; if the applicant fails to request substantive examination beyond the time limit without justifiable reasons, the application will be deemed to be Withdrawn."

Patent substantive examination system

Patent substantive examination refers to an examination system in which the patent office examines the novelty, creativity and practicality of an invention and decides whether the invention meets the conditions for patent rights.

The substantive examination system is divided into immediate examination system and delayed examination system Make two kinds.

1. Instant review system, also known as one-time review Sexual censorship. 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.

2. Delayed censorship, 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.

When applying for a patent, it must be published first. Then substantive review. Within three years from the filing date of a patent application, the patent administration department of the State Council may review the application based on the request made by the applicant at any time. If the request is not made within the time limit without justifiable reasons, the application will be deemed to have been withdrawn. If you have any other related questions you would like to know, please feel free to consult the Legal Savior Network for free legal consultation.