Patents for Chemicals, Pharmaceuticals, and Biotechnology: Fundamentals of Global Law, Practice, and Strategy

By Philip W. Grubb | Go to book overview

8
OBTAINING A GRANTED PATENT--
NATIONAL PROCEDURES

For how do I hold thee but by thy granting?
And for that riches where is my deserving?
The cause of this fair gift in me is wanting,
And so my patent back again is swerving.

William Shakespeare: Sonnet 87

Types of Examination88
Formal88
Non-unity89
Novelty89
Inventive Step91
Deferred Examination91
Early Publication92
Oppositions94
Procedure in the United Kingdom95
Filing95
Preliminary Examination and Search95
Publication96
Substantive Examination97
Grant100
Procedure in the USA 103
Filing103
Examination103
Appeal105
Refiling106

Types of Examination

Formal

Once a patent application has been filed, it must at some stage be examined. Every country which grants patents has some type of examination, however rudimentary. At the bottom of the scale are countries in which the only examination is a purely formal one, to check that the papers are in order and the fee has been paid. Belgium, for example, had until very recently such a registration system. Now a search report is required, but, even so, a patent will be

-88-

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