Will all patents have notice of examination opinions?
1. Will the review opinions inform all patents? According to the detailed rules for the implementation of the Patent Law, the patent administration department will notify the applicant of the results of the examination opinions after examination, whether it is an invention patent, a utility model patent or a design patent. Detailed Rules for the Implementation of the Patent Law of People's Republic of China (PRC) Article 51 An applicant for a patent for invention may, within three months from the date of filing a request for substantive examination and receiving a notice from the the State Council Patent Administration Department that the application for a patent for invention has entered the substantive examination stage, take the initiative to propose amendments to the application for a patent for invention. An applicant for a patent for utility model or design may, within 2 months from the date of application, put forward amendments to the application for a patent for utility model or design. Where the applicant modifies the patent application documents after receiving the notice of examination opinions issued by the patent administrative department of the State Council, it shall modify the defects pointed out in the notice. The patent administration department in the State Council can correct the obvious errors of words and symbols in the patent application documents by itself. Where the administrative department for patent in the State Council modifies it by itself, it shall notify the applicant. 2. How to reply to the patent examination opinion notice 1? For the way to reply to the notice of examination opinions, the applicant shall make a reply within the specified time limit through the statement of opinions or amendments stipulated by the Patent Office. An opinion statement or correction submitted by the applicant without a specific reply is also the official reply of the applicant. The examiner can understand that the applicant has not raised specific objections to the examination opinions in the notice of examination opinions, nor has it overcome the defects in the application documents pointed out in the notice of examination opinions. The applicant's reply shall be submitted to the acceptance department of the patent office. The reply documents or letters for comments submitted directly to the examiner are not regarded as formal replies and have no legal effect. 2. If the applicant who signed the defense fails to entrust a patent agency, the statement of opinion or amendment submitted by the applicant shall be signed or sealed by the applicant; If the applicant is a unit, it shall be stamped with the official seal of the unit; If there are more than two applicants, they may be signed or sealed by their representatives. Where the applicant entrusts a patent agency, its reply shall be sealed by the entrusted patent agency and signed or sealed by the patent agent specified in the power of attorney. After the change of patent agent, it shall be signed or sealed by the changed patent agent. If the applicant fails to entrust a patent agency, the reply is not signed or sealed by the applicant (if there are more than two applicants, it must be signed or sealed by all applicants, or at least by their representatives), and the examiner shall return the reply to the preliminary examination department for handling. If the applicant entrusts a patent agency, if the reply is not stamped with the seal of the patent agency, or if the applicant himself has made a reply, the examiner shall return the reply to the preliminary examination department for handling. Three. Contents of formal examination of patent reexamination After receiving the request for reexamination, the Patent Reexamination Board shall first conduct formal examination. The contents of the formal examination are as follows: 1. Whether the request for reexamination belongs to the request for refusing to accept the decision made by the Patent Office as stipulated in the first paragraph of Article 41 of the Patent Law; 2. Whether the applicant for reexamination is the applicant whose application has been rejected; If the applicant whose application is rejected belongs to the same applicant, it shall re-examine whether the applicant is all applicants; 3. Whether the time limit for filing the request for reexamination complies with the provisions of the first paragraph of Article 41 of the Patent Law; If the time limit does not meet the requirements and there is a request for restoration of rights, whether the request complies with the provisions of Articles 7 and 93 of the Detailed Rules for the Implementation of the Patent Law on requesting restoration of rights; 4. Whether the applicant for reexamination has paid the reexamination fee in accordance with Articles 90, 91 and 93 of the Detailed Rules for the Implementation of the Patent Law; If the reexamination fee has not been paid or paid in full within the prescribed time limit, and there is a request for restoration of rights, whether the request complies with the provisions of Articles 7 and 93 of the Detailed Rules for the Implementation of the Patent Law on requesting restoration of rights; 5. Whether the reexamination request conforms to the format specified in the standard format; 6. If the reexamination applicant entrusts a patent agency to request reexamination, whether the power of attorney has been submitted and the authorized organ has been designated.