Patent opposition review refers to a review system that allows anyone in the society to raise objections to the patent application within the legal period after the patent application is announced. Through this kind of opposition review, the Patent Office extensively solicits the public's evaluation of patent applications, discovers problems in a timely manner, and makes correct authorization decisions, thereby reducing disputes after patent authorization.
How to file a patent objection review
Article 41 of China’s Patent Law stipulates that within 3 months from the date of announcement of a patent application, anyone can file an objection with the Patent Office. File an objection to the application. The reasons for filing an objection are mainly limited to the following points: (1) the subject matter of the patent application is not the object of protection by the patent law; (2) the subject matter of the patent application violates the law, social morality or hinders the interests of the public; (3) the application case is not Possess novelty, creativity or practicality; (4) The applicant does not have the right to apply for a patent; (5) The description of the invention does not disclose the comprehensive content of the invention, or the claims are not based on the description; (6) Amendment or division of the application The case exceeds the scope of the original application. The reasons for raising objections to design patent applications are basically the same as those for invention and utility model patent applications. If the design applied for is plagiarism or plagiarism of other people's works, it also falls within the scope of raising objections. When the opponent raises an objection, he or she shall submit a letter of objection to the Patent Office. The content of the objection letter should comply with the provisions of the Patent Law. If the objection letter does not comply with the law, the Patent Office has the right not to accept it. If the Patent Office decides to accept an opposition case, a copy of the objection letter shall be sent to the applicant, and the applicant shall respond to the objection within 3 months from the date of receipt of the copy of the objection letter. If no reply is made within the time limit without justifiable reasons, the patent application will be deemed to have been withdrawn. During the objection review stage, the Patent Office must review whether the objection is established in accordance with the law. If the objection is deemed to be valid, a decision can be made to reject the application. If the objection is deemed untenable, or no objection is raised during the objection review period, a decision will be made to grant the patent right. If the applicant is dissatisfied with the rejection decision, he may file a reexamination application with the Patent Reexamination Board within 3 months from the date of receipt of the notice. If the opponent is dissatisfied with the authorization decision, he cannot immediately request a reexamination. He can only request the Patent Reexamination Board to declare the patent right invalid after the patent right is obtained.