1. What if the patent application is rejected?
1. Read the rejection notice carefully.
The examiner will explain the reasons for rejection in the notice of rejection decision. Reading the notice of rejection decision carefully is helpful to understand the examiner's opinions and make corresponding treatment according to them.
2. Submit a request for reexamination to the Patent Reexamination Board.
If you feel that the examiner's opinion is unreasonable, you can make a request for reexamination to the Patent Reexamination Board within 3 months after receiving the notice of rejection, and pay the formal fee for reexamination. In the reexamination request, why do you think that the examiner's opinion in the rejection decision is incorrect? At the same time, the application documents can be modified to overcome the existing problems. In other words, if the examiner's opinion is really well-founded, then you can try to get authorization by modifying the application documents.
prosecute to court
After reexamination, if the Patent Reexamination Board maintains the rejection result unchanged, it may bring a lawsuit to the court with the Patent Reexamination Board as the defendant.
Everyone knows the importance of patents to enterprises. When the patent application is rejected, effective measures must be taken in time to minimize the loss of the enterprise, and requesting reexamination is the only remedy.
2. What are the basic conditions for applying for a patent?
Patent application should have three conditions: novelty, creativity and practicality, which are indispensable.
1. Novelty: refers to that before the filing date, no identical invention or utility model was published in domestic and foreign publications, used in China or known to the public in other ways, and no identical invention or utility model was applied to the Patent Office by others and recorded in the patent application documents published after the filing date.
2. Creativity: Compared with the prior art before the filing date, the invention has outstanding substantive features and remarkable progress, and the utility model has substantive features and progress.
3. Practicality means that the invention or utility model can be manufactured or used, and can produce positive effects.
Here, you can apply for a design patent as long as it is novel. The novelty mentioned here should be different from or similar to the design that has been published in domestic and foreign publications or publicly used at home and abroad before the filing date.
The rejection of the patent means that the patent does not conform to the regulations. After knowing the illegal place, modify the patent. When applying for a patent in the patent office, three conditions must be met: novelty, creativity and practicality. Without these conditions, the patent office will not agree. However, there are also special circumstances, for the design patent, only to meet the novelty, can apply.