Pre-trial opinions are divided into the following three types.
(1) The reexamination request has sufficient evidence and valid reasons, and the original decision to reject the application is agreed to be revoked.
(2) The revised version of the application documents submitted by the applicant for reexamination overcomes the defects in the original application documents and agrees to revoke the original decision to reject the application on the basis of the revised version.
(3) The opinions stated by the applicant for reexamination and the revised version of the application documents submitted are not enough to revoke the original decision to reject the application, so the original decision to reject the application is maintained.
For pre-trial opinions, the original examination department shall pay special attention to the following matters.
(1) The original examination department shall clearly state the type of its pre-examination opinions. Adhere to the original decision to reject the application, it shall explain the opinions in detail; If the above opinions are the same as the original decision to reject the application, they can be briefly explained and will not be repeated. If the original examination department insists on rejecting the decision on the basis of adding new comparative documents after re-searching the revised claim, it shall state in detail the opinions of insisting on rejecting it according to the new comparative documents (combined with the original comparative documents when necessary).
(2) If the original examination department considers that the modification of the rejected patent application submitted by the reexamination applicant does not conform to the provisions of Paragraph 1 of Article 60 of the Detailed Rules for the Implementation of the Patent Law, or does not conform to the provisions of Article 33 of the Patent Law, it shall make an explanation in the preliminary examination opinions.
(3) If the opinions put forward by the original examination department belong to the above three types (1) or (2), the Patent Reexamination Board will no longer conduct collegiate examination, make a reexamination decision according to the preliminary examination opinions, notify the reexamination requester, and the original examination department will continue the examination and approval procedures. Without the decision of the Patent Reexamination Board, the original examination department may not directly implement the examination and approval procedures.
(four) in the pre-trial opinions, the original examination department shall not put forward new reasons or evidence for the re-examination request that the application documents on which the rejection decision is based have not been modified.