Do I have to defend the invention patent?

After the invention patent enters the substantive examination stage, the examiner will issue a notice of examination opinions after the substantive examination, and the agent and the applicant need to reply to it. If you don't reply, you will bear the corresponding legal consequences.

Matters needing attention are collected online for your reference as follows:

First, it should be based on the Patent Law, the Detailed Rules for the Implementation of the Patent Law and the Guide to Patent Examination, because these three contents are the core of patents, which specify in detail the contents that should be paid attention to in the process of patent application, examination, authorization rejection and subsequent examination invalidation, and are listed as patent law, which should be followed by examiners in the examination process and by agents and applicants in the defense process. If they deviate from the above provisions,

Second, the principle of comprehensive reply, literally, we need to make a comprehensive reply to the examiner's review opinions in the process of reply. There are sometimes many problems in the review opinions, such as common creative problems, unclear scope of protection, insufficient disclosure of instructions, etc. As long as the examiner mentions the problems in the review opinions, even if the examiner sometimes quotes legal errors, we will reply one by one and shall not omit them, otherwise they will still be mentioned in the subsequent review opinions notice.

Third, safeguarding the interests of applicants is an important task of agents, and it is also possible to distinguish between those who apply with agents and those who do not. If there is an agent, the agent has a deep understanding of the relevant laws and regulations of the patent, especially the modification of the patent claim, because the patent claim stipulates the scope of patent protection. If the amendment is improper, it will affect the scope of patent protection, thus directly affecting the value of the patent. When answering creative questions, all claims are merged directly, which can sometimes overcome creative problems and get authorization, but it leads to the narrow protection scope of this patent and adds many unnecessary technical features to independent claims. When others see this patent and find many circumventions, they can easily make their own products according to this patent without infringing this patent right. When the patentee discovered this problem, it was too late. Therefore, in the process of defense, if an agent encounters a place where he can argue with the examiner, he should generally safeguard the interests of the applicant and make the necessary defense. Even if the reply is not recognized and the examiner's opinion is accepted, it is also fulfilling its own responsibility, which is different from letting itself go. As an agent, you should fulfill your obligations.

Four, the principle of time, to make a reply within the time limit for examination opinions, otherwise it will be regarded as withdrawal, thus affecting the rights of the applicant.