- May 7, 2022
- Posted by: PandaChecks
- Category: Patent
A patent application is the only way to obtain a patent right. According to the Patent Law, the examination and approval procedure of an invention patent application is divided into five stages: acceptance, preliminary examination, publication, substantive examination and authorization. Let’s take a look at the specific content of these five stages.
Various stages of invention patent application
(1) Acceptance stage
After the patent office receives the patent application, it will examine it. If it meets the acceptance conditions, the patent office will determine the application date, give the application number, and after verifying the list of documents, issue a notification of acceptance to notify the applicant. If the application documents are not typed, printed or illegible, or there are alterations; or the drawings and pictures are not drawn with drawing tools and black ink, or the photos are blurred and altered; or the application documents are incomplete; or the request letter is missing The applicant’s name and address are unknown; or the patent application category is unclear or cannot be determined, and the patent application directly sent by foreign entities and individuals without foreign-related patent agencies will not be accepted.
(2) Preliminary examination stage
Examiners review the following:
(1) Generally, the name of the invention shall not exceed 25 characters. In special cases, the invention in the field of chemistry may allow up to 40 characters.
(2) Whether the name of the invention in the request, description, request for confidentiality examination (if any), request for substantive examination (if any), and power of attorney for patent agency (if any) are consistent.
(3) The abstract part of the specification shall not exceed 300 words. The chemical formula of the invention may be included.
(4) Whether the drawing of the abstract (if any) is one of the drawings of the description.
(3) Announcement stage
Article 34 of the Patent Law: After the patent administration department under the State Council receives an application for an invention patent, if it is deemed to meet the requirements of this Law after preliminary examination, it shall publish it after 18 months from the date of application. The patent administration department under the State Council may, upon the applicant’s request, publish the application at an early date.
(4) Substantive examination stage
After the publication of the invention patent application, if the applicant has submitted a request for substantive examination and it has taken effect, the applicant enters the substantive examination procedure. If the applicant has not submitted a request for substantive examination within three years from the filing date, or if the request for substantive examination has not taken effect, the application shall be deemed to be withdrawn. During the substantive examination, a comprehensive examination will be conducted on whether the patent application has novelty, inventive step, practicality and other substantive conditions stipulated by the Patent Law. If it is found that it does not meet the authorization conditions or there are various defects after review, the applicant will be notified to state opinions or make amendments within the specified time. , be rejected. The substantive examination period is relatively long. If the authorization has not been granted within two years from the application date, the application maintenance fee should be paid every year from the third year. If no reason for rejection is found in the substantive examination, it will enter the authorization procedure as required.
(5) Authorization stage
If no reason for rejection is found in the substantive examination of the invention patent application, the examiner shall issue a notice of authorization, and the application shall be prepared for registration of authorization. The Patent Office issues a notice of authorization and a notice to go through the registration procedures. The applicant should go through the registration procedures and pay the prescribed fees within 2 months after receiving the notice. If the registration procedures are completed on time, the Patent Office will grant the patent Right, issue a patent certificate, record it in the patent register, and announce it in the Patent Gazette 2 months later. Failure to go through the registration formalities as required shall be deemed to have waived the right to obtain the patent right.