First, do you see if the examiner said that all the claims are not creative? Are there any evaluated claims? If so, for the need of authorization, we can consider mentioning the creative claim that the examiner has not commented on to the exclusive right. In this case, the chief inspector will accept and grant the patent right.
Second, if the examiner says that all the claims are evaluated as not creative, then it is necessary to consider defending with the examiner, whether what the examiner said is reasonable, and whether the comparison file found is really the same as your invention patent.
Extended data:
Matters needing attention in applying for invention patent:
1, protected object
First of all, we should understand that invention is not the same as discovery, and discovery is to reveal the natural laws and essence that have long existed in nature but have not been recognized by people. Invention is a technical scheme to solve specific problems by using the laws or essence of nature.
Invention patents are divided into:
(1) product invention: new products or materials developed by people through research can be independent and complete products, or part of machines or equipment.
(2) Method invention: refers to the technical scheme such as operation method, manufacturing method and technological process developed by people for manufacturing products or solving a technical problem. A method can be a complete process consisting of a series of steps or a single step.
There is a special invention, which is the invention of computer software. It depends on whether the software belongs to simple computer software or special software that can be combined with hardware, so you can apply for patent protection.
2. Can I apply for an invention patent?
(1) You can apply for invention patent creation: The achievements made in the process of technology development and new product development should be applied for invention patents because of their high technical level.
(2) Creation that can't apply for a patent for invention: No patent right is granted for inventions in certain technical fields, such as diagnosis and treatment of diseases and substances obtained through nuclear transformation.
3. Patent approval procedures
According to the Patent Law, the examination and approval procedure of an application for a patent for invention includes five stages: acceptance, preliminary examination, publication, actual examination and authorization. When examining and approving an application for a patent for utility model or design, there are only three stages: acceptance, preliminary examination and authorization.
4. Submit application materials
Invention patent refers to a patent granted by proposing a new solution to the existing technical problems arising from creative activities. An inventor may apply to the Patent Office for a patent for invention according to law.
References:
Baidu encyclopedia-invention patent