Patent Law Analysis of Patent Rejection
The reasons for the final rejection of patent applications are mostly evaluated according to China's patent law. The notice of examination opinions and the notice of correction received have not been properly handled, or these two core points are missing: the prominence and innovation of patent application. If its characteristics cannot be highlighted, the applicant's opinion statement will be rejected if it is unconvincing. For example, the Patent Law does not correspond to the projection relationship between views, does not conform to the orthographic projection rules, does not clearly show the design of patented products, does not conform to the provisions of Article 27, paragraph 2 of the Patent Law, or the claim 1XX lacks citation basis, which leads to the unclear protection scope of this claim and does not conform to the provisions of Article 26, paragraph 4 of the Patent Law, and so on. Most of the reasons for the notice of examination opinions are that the patent application does not record any other substantive contents that can be patented, so the patent application does not have the prospect of granting a patent right. Then if the application is rejected after submission, it still does not conform to the provisions of the patent law. If you can't clearly express the connection structure of your own products and lack the specific product structure diagram, you can't clearly and completely express the technical scheme, so it doesn't conform to the third paragraph of Article 26 of the Patent Law and will be rejected.