How to reply to the patent utility examination opinions

The utility model patent can only protect the shape and/or structure of the product, but not the material.

The molecular structure, composition and metallographic structure of matter do not belong to the product structure protected by utility model patent. For example, covered electrode, which only changes the composition of covered electrode coating, is not the object of utility model patent protection.

It should be pointed out that:

Claim (1) can contain the name of the known material, that is, the known material in the prior art can be applied to products with shapes and structures, such as composite wood floors, plastic cups, cardiac catheter stents made of memory alloys, etc. This does not belong to the improvement of the material itself.

(2) If the claim contains both the shape and structural features and the improvement of the material itself, it does not belong to the object protected by the patent for utility model. For example, a diamond tablet is characterized in that it consists of 20% of component A, 40% of component B and 40% of component C ... Because the claim contains the improvement of the material itself, it does not belong to the object of patent protection for utility model.

It is very likely that your utility model involves new materials. If it is confirmed that no new materials are involved, you can reply to the review opinions and find relevant public materials, indicating that only known materials are cited and new materials are not protected.

If it does involve new materials, either delete the relevant claims or resubmit the invention patent application.

You can also make corrections when replying to the review comments.