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.
After the patent application is rejected, we can handle it according to the following steps:
First of all: read the notice of rejection decision carefully.
The examiner will explain the reasons for rejection in the notice of rejection decision. Reading the notice of rejection decision carefully is helpful to understand the examiner's opinions, and we can deal with them accordingly.
Secondly, submit a request for reexamination to the Patent Reexamination Board. If the examiner's opinion is unreasonable, he may make a reexamination request to the Patent Reexamination Board within 3 months after receiving the notice of rejection, and pay the reexamination fee at the same time. In the review request, why do you think that the examiner's opinion in the rejection decision is incorrect? When submitting the review request, you can also modify the application documents to overcome the existing problems. In other words, if the examiner's opinion is really well-founded, then you can try to get authorization by modifying the application documents.
Finally, after reexamination, if the rejection result remains unchanged, the Patent Reexamination Board can be used as the defendant to bring a lawsuit to the court.
Specific operation steps for submitting an audit request:
1. (To the Patent Reexamination Board) to submit a request for reexamination.
2. The reason for rejecting the opinion statement, that is, opposing the examiner's opinion, can justify its own patent and eliminate the problems it said.
3. The document can also be modified within the scope, which makes the patent have the prospect of authorization.
In short, correct and explain the problems pointed out by the examiner, so that they can accept your statement.
If it is an individual application, the specific operation matters are not clear, and it is recommended to entrust an experienced agent.
(Zhuo Yi Intellectual Property)