How to solve the problem of patent abnormal items

If the patent is abnormal, the application should be withdrawn directly. When applicants encounter an "abnormal patent application", they will certainly feel scared. Once your patent application is defined as an abnormal patent application by the National Information Bureau, it may face serious consequences if it is not handled in time. First of all, intellectual property offices at all levels will not subsidize or reward, and those that have been subsidized or rewarded will be fully or partially recovered. If the circumstances are serious, no subsidy or reward will be given within five years from this year; At the same time, it may be entered into the credit platform by informed criticism, and those with serious circumstances may even be investigated for criminal responsibility according to law. Faced with such a harsh punishment mechanism, many applicants were at a loss when faced with abnormal applications and withdrew their applications one after another. With the investigation of the first and second batch of abnormal patent applications this year, the withdrawal rate of abnormal patent applications in many places has actually reached 100%. Recently, the third batch of abnormal patents have also been issued one after another. Although most abnormal patents do exist, there are also inevitable accidental injuries. However, many applicants are at a loss after receiving the notice of "abnormal patent application". Should they just withdraw their application or what?

In order to avoid accidental injury, but also to prevent their own research and development achievements from being wasted, applicants need to know what behaviors belong to abnormal patent applications first, and the State Information Bureau also has clear regulations on this:

1, one example is exaggerated. The same unit or individual submits multiple patent applications with obviously the same content. In order to obtain multiple patent application numbers, the applicant maliciously submits the same application repeatedly. For example, for an invention-creation, the application is submitted continuously without paying the fee or going through the authorization registration procedures, and the scheme itself can be jointly applied, and the application is maliciously divided; A design application is essentially the same design, and the difference is only used on labels, packaging bags and packaging boxes. However, there are also repeated submissions, which cannot be withdrawn in time due to operational errors, and may also be misjudged as abnormal applications.

2, obvious plagiarism. Submit a large number of patent applications that obviously plagiarize existing technologies or existing designs. Some applicants directly download existing pictures on the Internet as design submissions, or refer to multiple application documents and simply put them together, which has no new technical effect. This kind of substitution plagiarism, simple material substitution, plagiarism that only modifies some related elements of existing patent drawings is also defined as abnormal.

3, patchwork. The applicant simply replaced different materials and components and pieced them together, and then it became a new patent. In fact, it is still empty in the bones, and there is no real material. This is also regarded as an abnormal application.

Applicants must first adhere to the belief of independent innovation. After the above fraud has not happened, if you receive the notice of patent application abnormality, you should also strengthen your belief, don't panic and actively seek solutions. First of all, you should carefully read through the "case description" in the notice you received, and objectively analyze whether the abnormal patent behavior pointed out by it exists according to your own situation. If it does exist, the best choice is to cooperate with the exit; If you feel that you have no problem, you can also provide relevant complaint materials as required, so that you can complain in time, otherwise you will lose the opportunity to recover.

In short, if China wants to transform and upgrade to high quality, "Blue Sky Action" is imperative, and the suppression of abnormal applications will only become more and more strict. Relevant institutions said that it would be more difficult for individuals to apply for patents. If necessary, you should seek professional counseling to avoid "accidental injury".