What is the order of substantive examination and invention disclosure
Invention patents must be disclosed first and then substantively examined, because The review takes longer.
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 Withdraw."
Patent substantive examination system
Patent substantive examination refers to the examination system in which the patent office examines the novelty, creativity and practicality of the invention and decides whether the invention meets the conditions for patent rights.
The substantive review system is divided into instant review system and delayed review system.
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. Currently, the United States, Canada, Sweden and other countries implement this censorship system.
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. 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for substantive examination within the statutory time limit, the application will be deemed to have been automatically withdrawn. The statutory time limit for requesting substantive examination varies from country to country, ranging from 2 to 7 years. It takes 7 years in Japan, West Germany, and the Netherlands, 5 years in Australia and other countries, 2 years in Brazil, and 3 years in my country.
After applying for an invention patent, it must be made public first. Substantive review. Patent substantive examination refers to an examination system in which the Patent Office examines the novelty, creativity and practicality of an invention, and makes a decision on whether the invention meets the conditions for patent rights, so as to ensure that the patent is qualified.
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