Applicants wishing to obtain protection of invention patents know that each application requires a substantive review stage. The so-called substantive examination refers to the examination by the Patent Office of the substantive content, novelty, practicality and other substantive contents of the invention for patent application. The object is an invention patent application. The purpose is to determine whether an invention patent application should be granted a patent, in particular to determine whether it meets the requirements of the patent law for novelty, inventiveness and practicality.
The "Chinese Patent Law" stipulates that: within three years from the date of filing, the patent administration department under the State Council may conduct a substantive examination of the patent administration department of the State Council at any time upon request; if the applicant fails to request substantive examination without due cause, the application It is considered to be withdrawn. When the patent administration department under the State Council deems it necessary, it may conduct a substantive examination of the invention patent application.
As can be seen from the above provisions, the substantive examination process is usually initiated by the applicant's request; but it can also be initiated by the Patent Office. The time limit for the actual trials prescribed by China is: 1. If there is prior priority, it is the priority date + 3 years; 2. If there is no priority, it is the application date + 3 years; 3. For the divisional application, Slightly special: 1) For the division, if the time limit for the trial of the parent priority date/application date has not passed, then the trial deadline for the parent case can still be used; 2) If the parent case mentions The timing of the trial has passed, or the time limit for the parent case has not passed, but it is less than two months between the date of submission of the case and the deadline for the calculation of the parent case. It can be submitted within two months from the date of submission. In short, the trial deadline for trial submission is compared with the date of submission of the divisional case plus +2 months, and the time limit for the trial is determined on the basis of the latter.
The rules of China are familiar to everyone. So, what special requirements do other countries have for the time for actual trial?
The deadline for a Canadian patent application to file a substantive examination request is five years from the filing date. In the case of an application to enter Canada through the PCT, the time limit for the trial is 5 years from the date of the international filing. If it is a divisional application, there are still two options, within 5 years from the date of application of the parent case or within 6 months from the date of submission of the case. Usually, the first review notice is received about 1-3 years after the substantive review is submitted. If the application is submitted at the same time as the application is submitted, the application to the authorization is expected to take about 2-4 years.
The German patent law requires an applicant or a third person to file a substantive examination request for a period of seven years from the date of application. In addition to the easing of time limits, it is also a special design of the system to allow third parties who are not involved in patent applications to submit substantive examination requests.
The European patent application process requires applicants to file a substantive examination request within six months from the filing date of the EPO's search report from the filing date.
4. The Korean applicant must submit a substantive examination request to the Korea Industrial Property Office within 5 years from the date of filing. If the applicant fails to file a substantive examination request within the above-mentioned period, the patent application will be deemed to have been withdrawn. It takes about 18 to 24 months from the request for substantive examination to the receipt of the first notice of review. The applicant will respond within 2 months from the date of receipt of the notice. If the applicant is unable to respond within the prescribed time limit, a request for extension of the time limit may be filed, which may be extended by one month at a time, and there is no limit on the number of extensions.
5. The Indian Indian Patent Law requires the applicant to file a request for review of the patent application within 48 months from the date of filing of the patent application (or the earliest priority date).
In addition to the above time, there are also the same time required for the application of the country and China - such as Japan and Russia. The two countries also require applicants to submit a substantive examination request within three years from the filing date.
Although the corresponding content of the substantive examination has been stipulated by the countries for the examination of patents for inventions, it is still fascinating in terms of procedures. Applicants who have a preliminary understanding of the relevant system requirements can also better layout the company's patent application strategy. Xiao Bian here simply helps you to sort out the "extraordinary" rules for submitting substantive examination requests, hoping to make everyone smile and gain something.