accordingly, if the examiner considers that the application is not in conformity with the provisions of the patent law and the detailed rules for the implementation after substantive examination, mainly it is not in conformity with the three requirements of patent authorization, especially the requirements of novelty and creativity, he will notify the applicant and ask him to state his opinions or modify the application documents within a specified time limit.
Some applicants have done sufficient writing and other preparations before submitting the application documents. Once they receive the severe examination opinions from the examiners, they will be surprised and lack confidence in the patent technology prospects. In fact, applicants do not have to bear excessive psychological pressure after receiving negative review opinions. The technical complexity of invention patents often leads to conflicts of views between examiners, even between the patent office and the Committee of the Intellectual Property Office, and between the exclusive reexamination board and the court. After all, the judgment of the three characteristics of patent, especially the judgment of creativity, depends largely on the examiner's personal consideration of the problem and the subjective understanding of technology and law itself. Therefore, in the process of patent substantive examination, it is very normal for the examiner to issue a notice of examination opinions and ask the applicant to state opinions or modify the application documents. A considerable number of applications for patent for invention will go through one or two opinions statements or modifications, and the applicant should calmly deal with them with a normal heart.
Of course, it should be pointed out that patent examination is an administrative act that attaches great importance to procedural legality. The applicant should pay special attention to the statement of opinions to the examiner or the revision of application documents within the time specified by law. The review guide stipulates that in the notice of review opinions, the examiner shall specify the time limit for reply. The time limit shall be determined by the examiner after considering the factors related to the application. These factors include: the number and nature of review opinions; The workload and complexity of the application that may be revised. The time limit for replying to the notice of the first review opinion is usually four months.
if the notice of opinions is re-examined, the reply period specified in the review guide is usually two months. In addition, the applicant may request an extension of the specified reply period. However, the request for extension of the time limit shall be made before the expiration of the time limit. However, if the applicant fails to reply within the time limit without justifiable reasons, the application shall be deemed to have been withdrawn.