How to answer a patent that lacks novelty or creativity?

1. First, we need to analyze the comparison documents provided by the examiner. If the examiner has a wrong understanding of the technical scheme of this patent application or the comparison file, we can point out the mistakes in the examiner's examination opinions, and point out that the two are different in working principle, field and effect, and should discuss the differences in detail, hoping to convince the examiner.

2. If the examiner points out in the reply to the examination opinions that a claim does not possess novelty or creativity, but does not make any comments on other claims, it is possible that the claim possesses novelty and creativity, and the applicant can obtain the patent right by narrowing the scope of protection;

3. If the examiner points out in the reply to the examination opinions that all the claims are not novel or creative, and the applicant thinks that the technical scheme recorded in the original claim is really existing technology or not creative, and the innovation of this application is only recorded in the specification, then the innovation recorded in the specification can be added to the claim and authorized by narrowing the scope of protection;

4. If the examiner points out that all the claims are not novel and creative, the applicant thinks that there is no innovation in the claims and specifications after comparison. At this point, the original unrecorded innovation cannot be added to the claim and authorized (because the modification of the patent document shall not exceed the scope recorded in the original application document), and the patent is likely to be rejected.

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