Patentanmeldungen in China
12. Q: Wie kann das Sachprüfungsverfahren für eine Patentanmeldung für Erfindung eingeleitet werden?

Before a patent can be granted, the application must be examined as to substance (i.e. as to novelty, inventive step and applicability in practice). The substantive examination is in principle not made automatically, but shall be requested by applicant. The request for examination as to substance shall be made at any time within three years from the date of filing or the priority date if priority is claimed, otherwise the application shall be deemed withdrawn. When requesting the substantive examination, applicant shall furnish either the search reports or examination results from one or two main patent offices such as EPO, USPTO or JPO, if any counterpart application has been filed in a foreign country. The obligation is limited within the submission of such search reports or examination results per se according to our practice. It is not necessary for the applicant to provide the copies of all citations which were cited in the search reports or examination results with the CPO unless the CPO requires submission. If applicant cannot furnish the required material when the request for examination is made, he shall make a statement to that effect and furnish the material as yet as soon as it is available.


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