What are the results of the substantive examination of an invention patent application

Updated on Financial 2024-02-23
3 answers
  1. Anonymous users2024-02-06

    Legal analysis: Within three years from the filing date of an invention patent application, the State Intellectual Property Office may conduct a substantive examination of the application according to 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substantive examination within the time limit without justifiable reasons, the application shall be deemed to be withdrawn. When the State Intellectual Property Office deems it necessary, it may conduct a substantive examination of the invention patent application on its own.

    After the publication of the invention patent application, if the applicant has completed the formalities of requesting substantive examination, the application will enter the substantive examination procedure, and the Patent Office will issue a "Notice of Entering the Substantive Examination Stage" to the applicant. If the applicant does not complete the formalities for requesting substantive examination, then the Sushanshou Patent Office will wait for the applicant to go through the formalities for requesting substantive examination; If the applicant has not submitted a request for substantive examination or the request for substantive examination has not taken effect within three years from the date of application of Weitan, the application shall be deemed to be withdrawn.

    Legal basis: Patent Law of the People's Republic of China Article 35 Within three years from the date of filing of an application for a patent for invention, the patent administration department may, at the request of the applicant at any time, conduct a substantive examination of the application; If the applicant fails to request substantive examination within the time limit without justifiable reasons, the application shall be deemed to be withdrawn.

    When the patent administration department deems it necessary, it may conduct a substantive examination of the invention patent application on its own.

  2. Anonymous users2024-02-05

    The substantive examination of an invention patent application refers to the applicant's application to the Patent Office to examine whether the invention patent is novel, inventive and practical; Examine whether the patent application violates national laws, social morality or harms the public interest; and whether the patent application is an invention that should not be granted.

    Legal basisArticle 35 of the Patent Law of the People's Republic of China.

    Within three years from the filing date of the application for an invention patent, the patent administration department may conduct a substantive examination of the application according to 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 shall be deemed to be withdrawn. When the patent administrative department deems it necessary, it may conduct a substantive examination of the invention patent application on its own.

    Article 36 of the Patent Law of the People's Republic of China.

    When an applicant for a patent for invention requests substantive examination, he or she shall submit reference materials related to his invention before the filing date. If an application for a patent for invention has already been filed in a foreign country, the patent administration department may require the applicant to submit the materials of the search conducted in that country for the purpose of examining the application or the information on the results of the examination within the specified time limit; If the application is not submitted within the time limit without justifiable reasons, the application shall be deemed withdrawn.

  3. Anonymous users2024-02-04

    What is the substantive examination of invention patents? 1. Substantive examination of the patent means that when the Zhuan Liang Tongli Bureau examines the application, it must not only examine the formal elements of the application, but also examine whether the invention-creation in the application meets the substantive requirements such as novelty, inventiveness and practicability. 2. Within 3 years from the filing date of the application for an invention patent, the State Patent Office may conduct a substantive examination of the application according to the request made by the applicant at any time; If the applicant fails to request substantive examination within the time limit without justifiable reasons, the application shall be deemed to be withdrawn.

    3. When the State Patent Office deems it necessary, it may conduct a substantive examination of the invention patent application on its own. For the substantive examination that has been applied, some can take the form of written examination, that is, to understand the relevant information through the statement of the application materials and conduct the examination, but some substantive examination also needs to conduct on-site verification to confirm the true situation. That's the relevant law about your problem.

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