1. After the applicant has stated his opinions or made amendments, the patent administration department in the State Council still considers that the application for a patent for invention does not conform to the provisions of this Law, and shall reject it. The notice of examination opinions on invention patent and the statement of opinions on the notice of examination opinions on invention patent are important links in the process of substantive examination of invention patent. The notice of examination opinions points out the problems existing in the invention patent, and the statement of opinions should be targeted. 2. The statement of reply to the notice of examination opinions should avoid quoting only the relevant laws and regulations of the Patent Law and its detailed rules for implementation, and lack of targeted reply opinions. When replying to the notice of review opinions, the applicant should first verify the reference documents and find out the doubts in the process. When questioning the fact finding, common sense finding and combination revelation of the comparison document, the applicant shall make a well-founded statement in the opinion statement from the perspectives of technical field, technical scheme, technical problem and technical effect in combination with the actual case.
Legal basis:
patent law
Article 37. After examining the application for a patent for invention in substance, the administrative department for patent in the State Council considers that it does not conform to the provisions of this Law, it shall notify the applicant and ask him to state his opinions or amend his application within a specified time limit; If no reply is made within the time limit without justifiable reasons, the application shall be deemed to be withdrawn.
Article 38 If an application for a patent for invention is still not in conformity with the provisions of this Law after the applicant has stated his opinions or made amendments, it shall be rejected.