When will the substantive examination payment notice be issued?

For patents applying for invention patents, the patent management department must conduct a preliminary examination and a substantive examination. After the preliminary examination, a substantive examination will be conducted. The substantive examination requires the applicant to pay the examination fee as required. When will the substantive examination payment notice be issued? Below, the editor of Legal Savior Network will answer the questions for readers.

When will the substantive examination payment notice be issued

There is no clear time in law when the substantive examination payment notice will be issued. limit.

What is substantive examination

Substantive examination is the approval process for invention patent applications The second stage is mainly to determine the patentability of the invention from a technical perspective, that is, to examine whether it meets the requirements of novelty, inventiveness and practicality stipulated in the patent law. Generally speaking, after the applicant submits a request for substantive examination to the Patent Office and pays the examination fee, the substantive examination begins. However, for inventions that have a significant impact on the national economy and people's livelihood, when the Patent Office deems it necessary, it may conduct a substantive examination of the invention patent application on its own.

Based on the "Patent Law of the People's Republic of China"

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Article 35 An invention patent application shall commence from the filing date Within three years, the patent administration department of the State Council may, based on the request submitted by the applicant at any time,If the applicant fails to request substantive examination within the time limit without justifiable reasons, the application will be deemed to have been withdrawn.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 on their own.

Article 36 Applicants for invention patents When requesting substantive examination, reference materials related to the invention before the filing date should be submitted.

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, information on the country's search for the purpose of examining the application or information on the results of the examination; if the application is not submitted beyond the time limit without justifiable reasons, the application will be deemed to have been withdrawn.

Basic principles in substantive examination procedures

(1) Request principle

Except as otherwise provided by the Patent Law and its implementing regulations, the substantive examination procedure can only be carried out after the applicant files a substantive examination It can only be started upon request. The examiner can only conduct an examination based on the applicant's formal petition in accordance with the law (including when filing an application, when proposing amendments in accordance with the law, or when responding to the examination opinion).The application documents will be reviewed when you see the notice).

(2) Hearing principles

During the substantive examination process, the examiner should make a decision to reject Provide the applicant with at least one opportunity to state opinions on the reasons for rejection and evidence and/or modify the application documents. That is, when the examiner makes a decision to reject, the reasons for rejection and the evidence based on the decision should be included in the previous notice of examination action. Applicants have been informed.

(3) Principle of economical procedures

When conducting substantive examination of an invention patent application, the examiner shall make every effort to Shorten the review process where possible. In other words, the examiner should try to close the case as early as possible. Therefore, unless it is confirmed that the application has no prospect of being authorized at all, the examiner should notify the applicant of all issues in the application that do not comply with the provisions of the Patent Law and its Implementing Rules in the first notice of examination action, and require the applicant to submit the application within a specified period. Respond to all questions and minimize the number of correspondence with applicants to save procedures. However, the examiner should be careful not to violate the request principle and the hearing principle on the grounds of saving procedure.

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