When the patentee (interested party) receives the patent evaluation report made by China National Intellectual Property Administration, he disagrees with the conclusion that it does not conform to the Patent Law and its detailed rules for implementation. How to remedy it? The fifth part, Chapter 10, Six Articles of the Examination Guide stipulates the remedies: if the applicant thinks that the patent evaluation report has errors that need to be corrected, he can make a request for correction (to China National Intellectual Property Administration) within two months after receiving the patent evaluation report. Therefore, the applicant can make a request for correction within the specified time, stating the contents to be corrected and the reasons for correction, and requesting correction. The patent evaluation report department shall set up a review team to review the original patent evaluation report and make a review conclusion.
In addition, the patent evaluation report is not an administrative decision, and can only be used as a form of evidence for reference. In the final analysis, it is only "reference" rather than "compulsion", and the patent evaluation report made by China National Intellectual Property Administration (including the conclusion after requesting correction and review) does not have the effect of directly denying patent authorization; For meaningful patent authorization, even if an objective conclusion is obtained in the patent evaluation report, its patent value cannot be denied.