The Five Stages Required for A Patent Application

Patent applications for inventions take much longer to complete than the other two patents like appearance patent and patent for utility models, this is because the invention patent application process is different from the other two. InsChina will describe the approval process in detail: Acceptance, Preliminary examination, Publication, Substantive review and Authorization.

1. After receiving the patent application, the Patent Office shall examine it. If it meets the requirements for acceptance, the Patent Office shall determine the date of application, assign an application number, and issue a notice of acceptance notifying the applicant after verifying the list of documents.

2. Preliminary examination by the examiner.

3. Where, after receiving an application for a patent for invention, the administrative department for patent under the State Council, after preliminary examination, considers that the application meets the requirements of this Law, it shall be published at the expiration of eighteen months from the date of filing. The administrative department for patent under the State Council may, at the request of the applicant, publish the application at an early date.

4. After the publication of the application for a patent for invention, if the applicant has submitted a request for examination of substance and the application has become effective, the applicant shall enter into the actual examination procedure.

5. Where no reason for rejection of an application for a patent for invention has been found after substantive examination, the examiner shall give a notice of authorization, prepare an application for entry into the authorization registration, review the legal validity and completeness of the authorization text, and proofread the description of the patent application. After amendment, the Patent Office shall issue a notice of authorization and a notice of registration formalities.

In these processes, in fact, the process of substantive review may take too much time. Many enterprises may be rejected at this stage because of duplication of patent applications. However, some enterprises have not conducted substantive review at all because they forgot to pay substantive review fees, do not pay fees and do not review patents beyond the time limit. Inschina specializes in patent filing and now serves tens of millions of foreign companies, large and small, to solve their intellectual property problems.

Substantive examination means that the State Intellectual Property Office carefully studies the application documents for invention patent application, searches for the claimed invention, determines whether the application conforms to the provisions of the Patent Law and its detailed rules for implementation, especially the provisions concerning patentability, and finally makes a decision on whether to grant a patent right or not.

In the patent application process for invention, InsChina reminds you that the substantive examination needs special attention of the enterprise. Before the substantive examination, the enterprise shall not forget to pay the substantive examination fee. If the application is rejected in the substantive examination, the enterprise shall decide whether to reject the application for reexamination or not, depending on the good reasons.