The general opinions of the notice of examination opinions on application documents can be divided into three categories:
1, the patent application document has only formal defects, and this patent application obviously has the prospect of authorization. Under normal circumstances, as long as the claims and/or specifications are modified according to the notice of examination opinions, the patent right can be granted, hereinafter referred to as positive conclusion;
2. The patent application has insurmountable substantive defects, and this kind of patent application has no authorization prospect. If the opinion statement does not have enough reasons to change the examiner's point of view, the patent application will be rejected, hereinafter referred to as negative conclusion;
3. There are substantial defects in the patent application, and it is necessary to determine whether the defects have been eliminated according to the modification of the patent application, or the examiner is uncertain about the content of the patent application. Usually, at this time, whether the opinions stated by the applicant in the opinion statement are convincing and whether the revised application documents overcome the defects will determine whether the invention patent can be granted, hereinafter referred to as the uncertain conclusion.
Article 3 of the Patent Law of People's Republic of China (PRC) * * * The patent administrative department of the State Council is responsible for the management of patent work throughout the country; Accept and examine patent applications in a unified manner and grant patent rights according to law.
The departments for patent administration under the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall be responsible for patent administration within their respective administrative areas.
Article 34 After receiving an application for a patent for invention, the administrative department for patent in the State Council, after preliminary examination, finds that it conforms to the provisions of this Law, and shall publish it after 18 months from the date of filing. The patent administration department of the State Council may publish its application at an early date upon the request of the applicant.
Article 35 Within 3 years from the date of filing, the administrative department for patent in the State Council may, upon the request of the applicant at any time, make a substantive examination of the application; If the applicant fails to request substantive examination within the time limit without justifiable reasons, the application shall be deemed to have been withdrawn.
The patent administrative department of the State Council may, when it deems it necessary, examine the application for a patent for invention on its own.