What if the patent evaluation report is negative?

What if the patent evaluation report is negative? Patent evaluation report is an authoritative patent quality evaluation issued by the government in China National Intellectual Property Administration. After a utility model or design is granted a patent right, according to the request of the patentee or interested party, it analyzes and evaluates whether the patent meets the authorization conditions stipulated in the Patent Law and its detailed rules for implementation. What about the negative patent evaluation report? Come and learn about intellectual property!

First of all, it should be made clear that patents include the evaluation report made by the patent administrative department of the State Council in the infringement dispute of utility model patents or design patents from design to patent infringement. According to the detailed rules for the implementation of the Patent Law, the patent administrative department of the State Council shall make a patent evaluation report within 2 months after receiving the request for patent evaluation report. The Patent Examination Guide clearly stipulates that the patent evaluation report is not an administrative decision, so the patentee or interested party cannot file an administrative reconsideration or administrative lawsuit. However, if there is an error in the patent evaluation report, the department that made the patent evaluation report may correct it by itself after finding that there is an error in the patent evaluation report. If the claimant thinks that there are errors in the patent evaluation report that need to be corrected, he may request correction. The revised patent evaluation report shall be sent to the requester in time.

How to deal with the possible negative risks in patent evaluation report?

In order to avoid the above adverse consequences of negative patent evaluation report, the patentee or interested party may entrust a professional patent agency or law firm to conduct retrieval and stability evaluation before applying for a formal evaluation report on a relatively stable utility model or design patent.

In addition, even if the patent evaluation report is negative, it does not mean that the patent right will be invalid. We should carefully analyze the reasons and evidence of the evaluation report, evaluate its impact on the effectiveness of the patent right, and make appropriate adjustments and responses to the subsequent rights protection procedures.

The above is what intellectual property rights bring to everyone about "what should I do if the patent evaluation report is negative?" Regarding the relevant answer to this question, if you have any other questions, you can consult our customer service staff at Intellectual Property.