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Home > 新闻中心 > What aspects are reviewed during the substantive examination of a patent invention?
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What aspects are reviewed during the substantive examination of a patent invention?
Publish Time:2023-05-05        View Count:79        Return to List

The Patent Office promptly initiated a substantive examination upon receiving the applicant's request for substantial examination, along with the existing technical references and the examination fee.Patent ApplicationConduct a substantial examination, which typically involves searching for existing technology related to the subject of the invention and reviewing the following questions:

Does the patented invention qualify as an "invention" as defined under patent law?

2. Whether the patented invention violates national laws, social morality, and public interest.

3. Whether the patented invention falls under the areas where patent rights are not granted.

4. Whether the patented invention possesses novelty, creativity, and practicality.

5. Whether the same invention or creation is eligible for only one patent under the rule that only one patent can be granted for the same invention or creation.

6. Pursuant to Article 9 of the Patent Law, whether it is considered a prior applicant.
7. Did the instruction manual clearly and completely describe the invention content, and did the writing of the manual comply with the regulations?

8. Whether the claims are based on the specification, clearly stating the scope of protection required and whether the format of the claims conforms to the regulations.

9. Does the patent application meet the requirements for unity?

10. Whether the applicant's amendments to their application or division thereof clearly exceed the scope described in the original specification and claims.

Upon substantial examination, if the Patent Office determines that an application does not comply with the aforementioned patent laws, it will notify the applicant in writing, requiring them to make amendments or submit comments within a specified time frame. If the applicant fails to respond by the deadline without a legitimate reason, the application will be deemed withdrawn. If the applicant makes corrections or submits comments and the Patent Office still finds the application non-compliant, it will reject the application and notify the applicant. If the applicant disagrees with the rejection, they may request a review from the Patent Review Board.


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