How long will it take for the patent substance to be examined and authorized

According to Article 35 of the Patent Law, "within three years from the date of filing, the patent administration department of the State Council may examine 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substantive examination within the time limit without justifiable reasons, the application shall be deemed to have been withdrawn. " Therefore, the time limit for filing the substantive examination is within three years from the date of filing the patent.

After the request for substantive examination of the patent takes effect, Patent examiners will formally examine the patent application, and the contents of the examination are novelty, creativity and practicality. In the process of examination, the examiner will generally issue a notice of examination opinions, and the applicant will reply to the notice issued by the examiner. The reply period of the first notice of examination is 4 months, and the reply time of the subsequent notice of examination opinions is 2 months. For an application for a patent for invention, it is very normal for the applicant to receive the notice of examination opinions for 2-3 times. For an application with high authorization difficulty, it is possible to receive the notice of examination opinions for 5 times or more. Therefore, the time limit for replying to the notice of examination opinions is related to the number of the notice of examination opinions and the speed of replying to the notice of examination opinions.

according to the above analysis, the period of responding to the review opinions should be about 4 months to 8 months.

in addition, if the applicant can't reply to the notice of examination opinions within the specified time, he can also apply for an extension before the time limit specified in the notice of examination opinions, and he can apply for an extension of 2 months at a time and 2 extensions at most. If you apply for an extension, the time to reply to the review opinions can be very long.

an applicant for a patent for invention may, within three months from the date of filing a request for substantive examination and receiving a notice from the Patent Office that the application for a patent for invention has entered the substantive examination stage, propose an amendment to the application for a patent for invention on his own initiative.

according to the patent law, the examination and approval procedure of an application for a patent for invention includes five stages: acceptance, preliminary examination, publication, actual examination and authorization. The application for a patent for utility model or design does not carry out early publication and substantive examination in the examination and approval, but only has three stages: acceptance, preliminary examination and authorization.

What are the contents of the substantive examination of the invention patent

(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 ethics or harms the interests of the public;

(2) Whether it complies with the provisions of Article 25 of the Patent Law, that is, whether the subject matter of the patent application belongs to the scope where the patent right cannot be granted;

(3) Whether it meets the provisions of Article 33 of the Patent Law, that is, whether the patent application meets the requirements of oneness;

(4) Whether it complies with the provisions of Article 31 of the Patent Law, that is, whether the applicant has gone beyond the scope recorded in the original specification (including the appended drawings) and the claims when modifying the application or filing a divisional application;

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

(6) Whether it meets the provisions of Article 18 of the Detailed Rules for the Implementation of the Patent Law, that is, whether the writing of the patent application invention meets the specified requirements and gives a clear and complete description of the invention to be protected, so that the technical personnel in the technical field can realize it;

(7) Whether it complies with the provisions of Article 2 of the Detailed Rules for the Implementation of the Patent Law, that is, whether the claims clearly and concisely state the scope of protection, whether the claims are based on the specification, and whether the independent claims contain all the necessary technical features for solving the technical problems to be solved by the invention.

(8) Whether it meets the requirement of priority in the application, if it is found that other people filed another patent application on the same subject between the priority date and the application date, or if it is found through search that there are related documents made public during this period, then whether the priority requirement is established is examined; At the same time, the patentability of the invention patent application is judged according to the retrieved comparison file.

What are the requirements for an application for a patent for invention

(1) Novelty

Novelty means that the invention or utility model does not belong to the prior art; No unit or individual has filed an application for the same invention or utility model with the administrative department for patent in the State Council before the filing date, and it is recorded in the patent application documents published or announced after the filing date. The invention or utility model for which a patent is applied must meet the standards of novelty, and must be different from the existing technology, and there shall be no conflicting application at the same time.

(II) Creativity

Creativity means that compared with the existing technology before the filing date, the invention has outstanding substantive features and remarkable progress, and the utility model has substantive features and progress. The invention or utility model for which a patent is applied must be substantially different from the existing technology before the application date in terms of the composition of the technical scheme, and must be the result of creative thinking activities, not the result that the existing technology can naturally obtain through simple analysis, induction and reasoning. The creativity of invention is higher than that of utility model. Creative judgment is based on the knowledge and judgment ability of ordinary technicians in their respective fields.

(III) Practicality

Practicality means that the invention or utility model can be manufactured or used, and can produce positive effects. It has two meanings: first, the technology can be manufactured or used in industry. Industries include industry, agriculture, forestry, aquaculture, animal husbandry, transportation and service industries. Manufacturing and utilization in industry refers to the feasibility and reproducibility. Second, it must be able to produce positive effects, that is, compared with the existing technology, the invention or utility model for which a patent is applied can produce better economic or social benefits, such as increasing the number of products, improving the quality of products, increasing the functions of products, saving energy or resources, preventing and controlling environmental pollution, etc.