How to start the substantive examination procedure for a patent application for invention?
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years from the date of filing or the priority date if priority is claimed, otherwise the application shall be deemed withdrawn.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 for PCT, 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. 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 soon as it is available.
