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Patent Granting Procedure
Patent Granting Procedure
An applicant chooses a filing route, i.e., national, regional or international, and files an application. The initial filing is considered the “priority filing” from which further successive national, regional or international filings can be made within the “priority period” of one year under the Paris Convention for the Protection of Industrial Property.
. The patent office ensures that all administrative formalities have been complied with, e.g., that all relevant documentation is included in the application, and that all filing fees have been paid.
Prior art search
. In many countries, but not all, the patent office carries out a search of the prior art, i.e., of all relevant technological information publicly known at the time of filing of the patent application. Using extensive databases and expert examiners in the specific technical field of the application, a “search report” is drafted, which compares the technical merits of the claimed invention with that of the known prior art.
. In most countries, the patent application is published 18 months after the priority date, i.e., after the first filing date.
. If a prior art search report is available, the examiner checks that the application satisfies the requirements of patentability, i.e., that the invention is novel, inventive and susceptible to industrial application, compared to the prior art as listed in the search report. The examiner may either grant the patent application without amendments, may change the scope of the claims to reflect the known prior art, or may refuse the application.
The examiner may either grant the patent application without amendments, may change the scope of the claims to reflect the known prior art, or may refuse the application.
Within a specified period, many patent offices allow third parties to oppose the granted patent on the grounds that it does not in fact satisfy patentability requirements.
. Many offices provide the possibility of appeal after the substantive examination or after the opposition procedure.
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