The end of the invention patent examination I just received is too ruthless, is it hopeless?

Jite Intellectual Property: Patent application is a necessary procedure for obtaining patent rights. To obtain a patent right, the applicant shall submit an application to the national patent authority, which shall approve and issue a certificate.

When filing a patent application with the national patent office, the applicant shall submit a series of application documents, such as a request, description, abstract and claims, etc. In terms of patent applications, the provisions of patent laws in various countries in the world are basically the same. You can apply for it yourself or find a patent ** agency to apply.

The application time for an invention patent is generally about 2 years. Invention patent application process:1

To search for the same type of patent, you can search independently, or you can entrust a more comprehensive search by ** institutions. 2.Prepare the application documents and submit them to proceed to the application process.

3.Obtain a Notice of Acceptance. 4.

Preliminary examination. For invention patent applications, the application for invention patents shall first be subject to confidentiality examination before the preliminary examination, and if confidentiality is required, it shall be handled in accordance with the confidentiality procedures. 5.

Publication phase. 6.Substantive examination.

Conduct a comprehensive examination of whether the patent application has novelty, inventive step, applicability and other substantive conditions stipulated in the Patent Law. 7.Authorization phase.

Preparation of invention patent application materials: request, claims, description, drawings of the specification, abstract drawings, abstract drawings, technical disclosure of the applicant, identity certificate of the applicant: a copy of the business license for the company's application, and a copy of the ID card for the application of a natural person From the date of submission of the patent application documents to the Patent Office, the invention patent will be authorized for about 2 years.

Patents are applied for at the State Intellectual Property Office.

About 2-3 months, after passing the preliminary examination, it will enter the disclosure preparation stage4, the patent office will publish the invention application, and about 6-8 months5, the patent office will conduct a substantive examination of the invention patent documents, about one and a half to two years.

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.

Article 36 When an applicant for a patent for invention requests substantive examination, he shall submit reference materials related to his invention before the application 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 to be withdrawn.

Article 37 After conducting a substantive examination of an application for a patent for invention, the patent administration department shall notify the applicant and require it to state its opinions within the specified time limit or revise the application. If the application is not answered within the time limit without justifiable reasons, the application shall be deemed to be withdrawn.

Article 38 Where an application for invention for invention is still considered by the patent administration department to be inconsistent with the provisions of this corporate judgment after the applicant has stated its opinions or made amendments, it shall reject it.

Legal Analysis: If there is no requirement for early disclosure, it will be automatically disclosed after 18 months. The invention patent application process is as follows:

Submission of application, preliminary examination, publication, substantive examination, and announcement of authorization. If the disclosure takes 18 months, it will be published, and it may also be applied for early publication as needed. If the applicant does not request early disclosure, the application for invention patent will not enter the publication preparation procedure until 15 months have elapsed from the filing date.

If the applicant requests early disclosure, the application immediately proceeds to the disclosure preparation procedure. After format review, proofreading, computer processing, typesetting and printing, the abstract of the specification is published in the patent gazette and a single copy of the specification is published after about three months. Once the application is published, the applicant is granted the right to temporary protection.

Obtain a patent grant.

Legal basis: Article 34 of the Patent Law of the People's Republic of China After receiving an application for an invention patent, the patent administration department shall publish it immediately after 18 months from the date of application. The patent administration department may publish the application at an early date at the request of the applicant.

It is not easy to pass the substantive examination of an invention patent application. According to the relevant laws and regulations, the grant of an invention patent shall be novel, inventive and practical. And the applicant should have the right and ability to apply.

If, after conducting a substantive examination of an application for a patent for invention, the patent administration department finds that it does not comply with the provisions of this Law, it may notify the parties concerned to revise or supplement the evidence. If the application is not answered within the time limit without justifiable reasons, the application shall be deemed to be withdrawn.

[Legal basis of the wax stool].

Article 36 of the Patent Law of the People's Republic of China, which came into force on June 1, 2021.

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.

Article 37.

After conducting a substantive examination of an application for a patent for invention, if the patent administration department finds that the application complies with the provisions of this Law, it shall notify the applicant and require him to state his or her opinions within the specified time limit or amend the application. If the application is not answered within the time limit without justifiable reasons, the application shall be deemed to be withdrawn.

Is the publication of an invention patent the final result of patent examination? Invention patent disclosure is an important process in the patent application process, and the number of processes for applying for invention patents is the longest among patents, and invention patents go through the links of application, acceptance, preliminary examination, substantive examination, and authorization and issuance of certificates. The disclosure of invention patents is reflected in the preliminary examination of the patent, and after the preliminary application is successful, it can be directly announced to the whole society that the patent needs to be applied for protection, and then it is necessary to enter the substantive examination stage of the patent to see if there are any objections.

Invention patent disclosure is the final result of patent examinationPatent disclosure is a procedure unique to invention patent applications, which indicates that the patent application was published on this day, but it does not mean that the public can use the patent at will. Open opening is a procedure for the examination of invention patent applications, the purpose of which is to let the public know that someone wants to apply for the invention to be disclosed, and from the time of publication to the date of grant, anyone can submit to the patent office materials that can prove that the published patent application does not have novelty or inventive step. The purpose of this should be to use the power of the public to examine patent applications.

After the patent application is disclosed for a period of time, the patent office will conduct a formal examination of the patent application, such as whether the claims are clear, whether the description is fully disclosed, whether the invention has three characteristics, whether there is unity between multiple inventions in the same application, etc., after the application meets the above requirements, the patentee can be authorized and do not think that the disclosure of the invention patent is a successful thing, this is just a prelude to the patent application, and the real reason that makes the patentee happy is that the patent has passed the substantive examination. The substantive examination is the ultimate goal of the patent to pass the three-sex assessment; Of course, after the examination, some people put forward other significance, such as patent invalidation; Therefore, from the perspective of long-term intellectual property protection, it is necessary to have a professional person in charge of managing intellectual property rights, such as intellectual property management, through trusteeship.

Legal analysis: The preliminary examination of the patent first examines whether the patent application documents submitted by the patent applicant comply with the provisions of the Patent Law and its implementation rules, and if the patent application documents are found to be defective, the patent applicant can be notified to eliminate the defects by supplementing the evidence in a timely manner, so as to meet the conditions for the publication of the patent.

Legal basis: Patent Law of the People's Republic of China Article 11 After the patent right for invention and utility model is granted, except as otherwise provided in this Law, no unit or individual may exploit the patent without the permission of the patentee, that is, it shall not manufacture, use, offer to sell, sell or import its patented products for production and business purposes, or use its patented process and use, offer to sell, sell or import products directly obtained in accordance with the patented process. After the design patent right is granted, no unit or individual may exploit the patent without the permission of the patentee, that is, it shall not manufacture, offer to sell, sell or import its design patented products for the purpose of production and operation.