The applicant's reply can only be an opinion statement, and it can also include the revised application documents (replacement pages and/or corrections). Where the applicant raises objections to the examination opinions in the notice of examination opinions or modifies the application documents in the reply, it shall state the specific opinions in detail in the statement of opinions, or explain whether the modified contents conform to the relevant provisions and how to overcome the defects in the original application documents. For example, when the applicant introduces a new technical feature into the revised claim in order to overcome the defect that the claim pointed out in the notice of examination opinions is not creative, it shall explain in its opinion statement which part of the specification the technical feature can be obtained from, and explain the reasons why the revised claim is creative.
The applicant may request the Patent Office to extend the specified reply period. However, the request for extension of the time limit shall be made before the expiration of the time limit. After receiving the applicant's reply, the Patent Office may start the follow-up examination procedure. If the notice or decision of the follow-up review procedure has been issued, the examiner will no longer consider the reply submitted by the applicant within the original reply period.
First, the way to reply
For the notice of examination opinions, the applicant shall reply in the form of opinion statement or amendment stipulated by the Patent Office within the specified time limit. 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.
II. Signature of reply
If the applicant fails to entrust a patent agency, the statement of opinion or supplementary statement submitted 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.
Where the applicant or the patent agent entrusted by him changes, the examiner shall check whether there is a corresponding notice of change in the record; Without notice, the examiner shall return the reply to the preliminary examination department for handling.