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State Intellectual Property Office: Guidelines for handling delayed examination of invention patents

Release Time：

2023-08-31

The State Intellectual Property Office issued guidelines on delayed processing of invention patents on August 31, which are introduced from the following seven aspects.

What are the benefits to applicants of “delayed review”?

1. Through claims that are pending in invention patent applications and have multiple possible modifications, it interferes with competitors’ technological research and development in related fields and increases the economic and time costs of entering the market.

2. In the process of formulating international standards, national standards and industry standards,

There is an opportunity to adaptively modify the protection scope of the claims and benchmark it with relevant standards.

3. Have the opportunity to enjoy the convenience of the latest review policies, such as supplementary experimental data, storage media in the computer field, protection of program products, etc.

4. According to the life of the product

Changes in cycles and market conditions will determine whether to continue the patent review process.

5. The timing of patent rights is better coordinated with the market-oriented operation of patents.

Is there a fee to request a "delayed review"?

There is no fee for requesting a delayed review.

“Who” and “when” can file a “deferred review”?

A request for delayed examination of an invention patent application shall be made by the applicant at the same time as the request for substantive examination.

How long can a "delayed review" be delayed?

The deferment period for an invention patent application is 1, 2 or 3 years from the effective date of filing a request for deferral examination. A request for delayed examination of an invention patent application shall take effect from the date on which the request for substantive examination takes effect.

Combining the strategy of delayed examination with delayed request for substantive examination, an invention patent application can receive up to 6 year deferral period.

After the delay period expires, patent applications will be queued for review on the expiration date and will not be immediately sent to the examiner.

How do I make a "Deferred Review" request?

The "delayed examination" of invention patent applications is subject to a request system. The requester needs to check the box in column ④ when submitting the "request for substantive examination" of the invention patent application (see the figure below for details).

Does "delayed review" require review?

Delayed examination does not require review and will automatically take effect when the substantive examination takes effect, and the applicant will be notified in the notice of entering the substantive examination stage.

What are the precautions for "delayed review"?

According to the current relevant regulations, applicants should pay attention to the following matters when requesting a delayed review:

1) An invention patent application needs to file for delayed examination at the same time as the request for substantive examination. If you miss the opportunity, you cannot submit it later;

2) The delay in examination of an invention patent application extends the time waiting for examination after the actual examination takes effect, and does not affect other deadlines in the examination process;

3) There are three options for delaying the examination of invention patent applications, namely 1 year, 2 years, and 3 years. Applicants can choose according to actual needs;

4) When necessary, the Patent Office may initiate the examination procedure on its own and notify the applicant that the delayed examination period requested by the applicant has terminated.

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