Quality in the patent process

The procedure for the national patent application.

Below is a general description of the steps of the patent process for national patent applications.

Figure: The processing of a patent application within PRV consists of the following steps: formal examination, search and examination and final decision. You can read more about the process below.

Formal examination

All applications received are subject to a formal examination before the technical search examination takes place. Here, we make sure that your application meets the requirements necessary to receive a filing date, and that no formal obstacles to patentability are present in the application. Applications that do not meet the formal requirements will be rejected and thus not be subjected to a technical search and examination. Rejections on formal grounds are taken by the formalities officers at the patent administrative unit.

Search and examination

Upon search and examination, we assess whether the invention meets the requirements as to novelty, inventive step and industrial applicability. The technical assessment is always performed by a patent examiner who possesses expertise in the technical field in which the application relates to and knowledge of practice in patent law. We have access to the most advanced search tools and comprehensive databases that are also used by the European Patent Office.

Decision

When the search and examination of the patent application is completed the patent examiner considers whether a decision can be reached or if further considerations are necessary.  Such considerations might be to decide whether the applicant shall be requested to correct or explain something in the application. Once the applicant has been given the opportunity to overcome and correct any obstacles, or when the application is not afflicted with any hinders to the granting of a patent, PRV makes a decision. The decision on approval is taken ​​by the Patent Examiner and monitored by a Patent Expert. Decision on refusal is taken by a Patent Expert after a submission by the Patent Examiner.