1. What materials should an applicant for an invention patent provide when requesting substantive examination
1. 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 information on the search conducted by that country for the purpose of examining the application or the information on the examination results must be submitted.
2. Legal basis: "Patent Law of the People's Republic of China"
36 When applying for substantive examination, the applicant for an invention patent in Article 1 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 searches for to review the application. or review results; if the application is not submitted within the time limit without justifiable reasons, the application will be deemed to have been withdrawn.
2. Principles of preliminary examination of invention patents
(1) For defects in the application documents that can be eliminated by correction, the applicant shall be given the opportunity to make corrections; for defects that cannot be overcome in the application documents, Applicants should be given an opportunity to state their opinions. Only if the defects cannot be eliminated after making corrections or stating opinions, can a rejection decision be made. If necessary, the applicant may be given two or more opportunities to make corrections or state opinions. When multiple opportunities for correction are given, the examiner should be careful not to delay the time limit for publication of the patent application stipulated in the Patent Law.
(2) A comprehensive review should be conducted on the format defects existing in the application documents and other documents to ensure that the format of the published documents meets the requirements; material defects, onlyIt only needs to be pointed out and dealt with when it obviously exists and affects publication.
(3) Unless the application document is rejected, the examiner should try to point out all format defects existing in the application document in one correction notice.
(4) Where the documents submitted by the applicant or the procedures initiated do not comply with the provisions of the Patent Law and its implementing regulations, it is necessary to make a decision that the application is deemed not to have been filed or that If the decision is to be withdrawn or rejected, the applicant should also be notified of the follow-up procedures that can be initiated.
(5) No matter what kind of processing the examiner makes, he should make corresponding processing and records in the paper document.
According to the provisions of the Patent Law, 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 information on the search conducted by that country for the purpose of examining the application or the information on the examination results must be submitted. I hope the above content can be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior website to consult a professional lawyer.
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