
Contents
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Types of Examination Types of Examination
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Formal Formal
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Non-Unity Non-Unity
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Novelty Novelty
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Inventive Step Inventive Step
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Deferred Examination Deferred Examination
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Early Publication Early Publication
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Oppositions Oppositions
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Procedure in the United Kingdom Procedure in the United Kingdom
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Filing Filing
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Preliminary Examination and Search Preliminary Examination and Search
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Publication Publication
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Substantive Examination Substantive Examination
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Grant Grant
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Procedure in the United States Procedure in the United States
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Filing Filing
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Publication Publication
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Examination Examination
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Appeal Appeal
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Refiling Refiling
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Proceedings after grant Proceedings after grant
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Post-grant proceedings by patent holders Post-grant proceedings by patent holders
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8 Obtaining a Granted Patent: National Procedures
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Published:December 2016
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Abstract
This chapter first describes the types of examination conducted on patent applications. Every country that 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. Some countries, while having essentially a registration system, do at least check that the application describes an invention of a type that is legally patentable. Around half of the countries that grant patents also carry out some form of substantive novelty examination, in which the prior art, or part of it, is searched for anything that could be an anticipation of the invention. The remainder of the chapter details specific filing, examination, and publication procedures and rules in the UK and the US.
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