What is the review and approval process for patent applications
1. After the Patent Administration Department of the State Council receives an application for an invention patent and determines upon preliminary examination that it meets the requirements of this Law, it will be announced 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.
2. Application for invention patent within three years from the filing date , the patent administration department of the State Council 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substantive examination beyond the time limit without justifiable reasons, the application will be deemed to have been withdrawn.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 substantive examination of invention patent applications.
3. When the 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 the application to that country for review within a specified period of time. Information or review results; if the application is not submitted within the time limit without justifiable reasons, the application will be deemed to be withdrawn.
4. The Patent Administration Department of the State Council handles invention patent applications. After substantive examination, if it is found that the provisions of this Law are not met, the applicant shall be notified and required to state its opinions within a specified time limit or make modifications to its application; if it fails to respond within the time limit without justifiable reasons, the application shall be deemed to have been withdrawn.
5. When applying for an invention patent, the applicant states his opinions or After modification, if the patent administration department of the State Council still considers that the application does not comply with the provisions of this Law, it shall be rejected.
6. The invention patent application was rejected after no substantive examination was found. If there are any reasons, the patent administration department of the State Council shall make a decision to grant the invention patent right, issue an invention patent certificate, and register and announce it at the same time. The invention patent right shall take effect from the date of announcement.
7. Preliminary application for utility model and design patents If no reason for rejection is found during the review, the patent administration department of the State Council will make a decision to grant a utility model patent right or a design patent right, issue a corresponding patent certificate, and register and announce it at the same time. Utility model patent rights and design patent rights take effect from the date of announcement.
8. The Patent Administration Department of the State Council establishes a Patent Reexamination Committee. If a patent applicant is dissatisfied with the decision of the patent administration department of the State Council to reject the application, he or she mayWithin three months from the date of application, request a reexamination to the Patent Reexamination Board. After review, the Patent Reexamination Board will make a decision and notify the patent applicant.
The patent applicant is not satisfied with the reexamination decision of the Patent Reexamination Board , you may file a lawsuit in the People's Court within three months from the date of receipt of the notice.
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