Who can help me talk about the request for substantive examination of invention patents?

Substantive examination is a stage that must be passed through before an invention patent application can be granted. The purpose of the substantive examination of an application for a patent for invention is to determine whether an application for a patent for invention should be granted a patent, in particular whether it complies with the provisions of the Patent Law on novelty, inventiveness and practicability. Substantive examination proceedings are usually initiated upon the request of the applicant.

If no reason for rejection is found after substantive examination of the patent application, the Patent Office will make a decision to grant the invention patent.

Substantive examination requires the applicant to file a request for substantive examination with the CNIPA within three years from the filing date of the patent (or the priority date if there is a right of priority).

Procedures for the request for substantive examination: Submit the "Request for Substantive Examination" (State Intellectual Property Office**have**) within the 3 years mentioned above, and pay the substantive examination fee of 2,500 yuan (if the fee is reduced, the unit only needs 750, and the individual only needs 375). ）

After requesting the substantive examination and paying the fee, you can wait, and the examiner will issue a "Notice of Office Action" according to the specific situation of the patent application, and you can reply according to the "Notice of Office Action".

Hope it helps.

The substantive examination of the invention is conducted in the substantive examination department of the Patent Office, and the examiner evaluates the "novelty", "inventiveness" and "practicability" of the patent application by searching domestic and foreign patent documents and public publications, and also examines whether the drafting of the patent document meets the requirements, such as whether it meets the requirements of "unity", whether it is "sufficiently disclosed", whether it is "beyond the scope of modification", etc. The substantive examination must be carried out after the publication of the invention, and the publication prescribed by law is 18 months from the filing date, and some applicants are willing to disclose the contents of their invention in advance, so there will be patent applications that will be published at the age of 6 to 10 months. Normally, the examiner in the substantive examination stage will issue at least one office action notice to the applicant or his/her ** person, and the office action can reflect the possibility of the invention being granted and the defects.

Office actions generally include format errors, novelty issues, inventive step issues, sufficiency of disclosure, unity issues, etc. The time for substantive examination of a patent is uncertain, generally 6 18 months, depending on the content of the invention, the examiner's understanding of the invention and the examiner's work arrangement, as well as the time it takes for the examiner to go back and forth between the applicant and the applicant or his/her **.

Substantive examination of a patent means that when the patent office examines an 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. Within three years from the filing date of an application for a patent for invention, the State Intellectual Property Office may, at the request of the applicant at any time, conduct a substantive examination of the application, and 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.

Substantive examination refers to the careful study of the application documents of the invention patent application by the State Intellectual Property Office, the search of the claimed invention, the determination of whether the invention complies with the provisions of the Patent Law and the implementation rules, and finally makes a decision on whether to grant the patent right. Contents of the substantive examination:

1) Whether it complies with the provisions of Article 5 of the Patent Law, that is, whether the subject matter of the patent application violates national laws, social morality or obstructs the public interest.

2) Whether it complies with the provisions of Article 25 of the Patent Law, that is, whether the subject matter of the patent application falls within the scope of the patent right that cannot be granted.

3) Whether it complies with the provisions of Article 31 of the Patent Law, that is, whether the patent application meets the requirements of unity.

4) Whether it complies with the provisions of Article 33 of the Patent Law, that is, whether the applicant exceeds the scope of the original description (including drawings) and claims when amending the application or filing a divisional application.

5) Whether it conforms to the definition of invention stipulated in the Patent Law and its implementation rules, that is, a new technical solution proposed for a product, process or its improvement.

6) Whether the drafting of the invention of the patent application meets the requirements of the provisions and makes a clear and complete description of the invention to be protected, so that the skilled person in the technical field can realize it.

7) Whether the claims clearly and concisely state the scope of the claimed protection, whether the claims are based on the description, and whether the independent claims contain all the necessary technical features to solve the technical problem to be solved by the invention.

8) Whether it is in the case of claiming priority in the application, if it is found that another person has filed another patent application for the same subject matter between the priority date and the filing date, or if the relevant counter-party documents disclosed during this period are found through Qingheng search, the priority claim shall be examined whether the priority claim is established, and the patentability of the invention patent application shall be judged according to the comparison documents retrieved.

Within three years from the filing date of an application for a patent for invention, the State Intellectual Property Office may, at the request of the applicant at any time, conduct a substantive examination of the application, and 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 recognizes that it is necessary to defend the patent application, it may conduct a substantive examination of the invention patent application on its own.

The method of substantive examination of the invention patent application: within three years from the filing date, the patent administration department shall verify the novelty, inventiveness, practicability and other substantive contents of the invention patent according to the request of the applicant at any time, or the patent administration department at its own discretion. If it meets the statutory examination standards, it shall be authorized and a patent certificate shall be issued.

[Legal basis].

Article 35 of the Patent Law of the People's Republic of China.

Within three years from the filing date of an invention patent application, the patent administration department may conduct a substantive examination of the application according to the request of 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.

Article 36.

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 or the results of the examination for the purpose of examining the application in that country within a specified time limit; If the application is not submitted within the time limit without justifiable reasons, the application shall be deemed to be withdrawn.

Within three years from the filing date of an application for an invention patent, the State Intellectual Property Office 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 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, the 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 filing, the application shall be deemed to have been withdrawn.

Legal basis: Patent Law of the People's Republic of China Article 35 Within three years from the filing date of an application for an invention patent, the patent administration department may, according to the request of the applicant at any time, conduct an 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.