The patent application was rejected by the patent office. There are two situations:
1. In the preliminary examination, the Patent Office considers that the application for a patent for invention-creation does not conform to the relevant provisions of the Patent Law and its detailed rules for implementation, and rejects it after stating opinions or making corrections.
2, in the substantive examination, the application for a patent for invention does not conform to the relevant provisions of the Patent Law and its implementing rules, and is rejected after being informed by the Chinese Patent Office of its statement or correction.
You can file a request for reexamination with the Patent Reexamination Board within 3 months after receiving the notice of rejection.
Reasons for the rejection of an application for a patent for invention:
Applicants often have a misunderstanding that inventions are their own creations, and as long as they apply for patents, they will be authorized; At the same time, some irresponsible agents promised the applicant at will: "Give me your invention and guarantee your authorization!"
In fact, in addition to formal defects and procedural errors, there are eleven reasons for the rejection of an invention-creation application:
(1) The subject of an application for a patent for invention is not an invention as claimed in the Patent Law;
(2) The subject matter of the application for a patent for invention violates national laws, social morality or harms public interests;
(3) The subject matter of an application for a patent for invention belongs to the scope where no patent right is granted, such as scientific discovery, rules and methods of intellectual activities, methods of diagnosis and treatment of diseases, animal and plant varieties or substances obtained through nuclear transformation, etc.
(4) The theme of the application for a patent for invention lacks novelty, creativity or practicality;
(5) The theme of the application for a patent for invention does not conform to the provisions of oneness;
(6) Where two or more patent applications are filed for the same invention theme, the applicant is not the first applicant;
(seven) the description of the invention is not clear and complete, and the technical personnel in the field can not realize the invention;
(8) The claim is not supported by the specification;
(9) The content of the claim is not clear and concise;
(10) The independent claim does not record the necessary technical features to solve the technical problems to be solved by the invention;
(1 1) The modification or division of the application for a patent for invention is beyond the scope recorded in the original specification and claims.
It can be seen that patent application is a complicated and long legal process, and it is extremely important to choose an excellent and qualified patent agent to represent it.
The patent rejection clause is as follows:
Article 44 The term "preliminary examination" as mentioned in Articles 34 and 40 of the Patent Law refers to examining whether the patent application has the documents and other necessary documents specified in Article 26 or 27 of the Patent Law and whether these documents conform to the prescribed format, and examining the following matters:
(1) Whether the application for a patent for invention obviously falls under the circumstances stipulated in Articles 5 and 25 of the Patent Law, whether it does not conform to the provisions of Articles 18, 19, paragraph 1 and 20 of the Patent Law or Article 16 and 26, paragraph 2 of these Rules, and whether it obviously does not conform to the provisions of Articles 2, 26, paragraph 5, 31, paragraph 1 and 33 of the Patent Law or Articles 17 to 21 of these Rules;
Article 53 According to Article 38 of the Patent Law, the circumstances in which an application for a patent for invention should be rejected after substantive examination refer to:
(1) The application falls under the circumstances specified in Articles 5 and 25 of the Patent Law, or the patent right cannot be obtained in accordance with Article 9 of the Patent Law;
(2) The application does not conform to the provisions of the second paragraph of Article 2, the first and third paragraphs of Article 20, the fourth and fifth paragraphs of Article 26, the first paragraph of Article 31 or the second paragraph of Article 20 of these Rules;
(3) The amendment of the application does not conform to the provisions of Article 33 of the Patent Law, or the divisional application does not conform to the provisions of Paragraph 1 of Article 43 of these Rules.