Time limit for replying to the opinions of invention examination

Legal analysis: (1) After examining the application for a patent for invention in substance, if the examiner thinks that the application does not conform to the relevant provisions of the Patent Law and its detailed rules for implementation, he shall notify the applicant and ask him to state his opinions or amend the application within a specified time limit; Notice issued by the examiner (notice of examination opinions, notice of division or notice of submission of information, etc.). ) and the applicant's reply may be repeated many times until the application is granted a patent right, rejected, withdrawn or deemed withdrawn;

(2) For an application for a patent for which no reason for rejection is found after substantive examination or the original defects have been eliminated after statement or modification by the applicant, the examiner shall issue a notice of granting a patent right for invention;

(three) after the applicant's statement or amendment, the patent application still has the defects listed in Article 53 of the Detailed Rules for the Implementation of the Patent Law, and the examiner shall reject it;

(4) If the applicant fails to reply to the notice of examination opinions, the notice of division or the notice of submission of materials within the time limit without justifiable reasons, the examiner shall issue an application as a notice of withdrawal.

Legal basis: People's Republic of China (PRC) Patent Law.

Article 36 When requesting substantive examination, an applicant for a patent for invention shall submit reference materials related to his invention before the date of application. Where an application for a patent for invention is filed in a foreign country, the patent administration department of the State Council may require the applicant to submit the information retrieved during the examination of his application in that country or the information on the examination results within a specified time limit; If the application is not submitted within the time limit without justifiable reasons, the application shall be deemed to have been withdrawn.

Article 37. After examining the application for a patent for invention in substance, the administrative department for patent in the State Council considers that it does not conform to the provisions of this Law, it shall notify the applicant and ask him to state his opinions or amend his application within a specified time limit; If no reply is made within the time limit without justifiable reasons, the application shall be deemed to be withdrawn.