Beijing Wuyi International Intellectual Property will answer your questions. Generally, patent applications are rejected by the Patent Office. There are two situations:
1. During the preliminary examination, the Patent Office believes that the invention is a patent. The application does not comply with the relevant provisions of the Patent Law and its Implementing Rules, and will be rejected if it still does not comply with the relevant provisions after stating opinions or making corrections;
2. During the substantive examination, the invention patent application does not comply with the Patent Law and its Implementing Rules. According to the relevant provisions of the detailed rules, after the China Patent Office notifies the applicant to state its opinions or make corrections, if the application still does not meet the requirements, it will be rejected.
After the patent application is rejected, we can proceed according to the following steps:
First of all: read the rejection decision notice carefully.
The examiner will state the reasons for rejection in the rejection decision notice. Reading the rejection decision notice carefully will help to understand the examiner's opinions, and we can make corresponding processing based on the opinions.
Secondly, submit a reexamination request to the Patent Reexamination Board. If you feel that the examiner’s opinion is unreasonable, you can submit a reexamination request to the Patent Reexamination Board within 3 months of receiving the rejection decision notice and pay the reexamination fee at the same time. . In the request for reexamination, it is necessary to state why you think the examiner's opinion in the rejection decision is incorrect. When submitting a request for reexamination, the application documents can also be modified to overcome existing problems. In other words, if the examiner's opinion is indeed well-founded, then you can find a way to obtain authorization by modifying the application documents.
Finally, after filing for reexamination, if the rejection result remains unchanged, you can sue the court with the Patent Reexamination Board as the defendant.
Specific steps for submitting a reexamination request:
1. Submit a reexamination request (to the Patent Reexamination Board).
2. State the reasons for rejection, that is, the counter-examiner’s opinions, which can justify your patent and eliminate the problems it mentioned.
3. You can also modify the file, and the modifications do not exceed the scope, so that the patent has the prospect of authorization.
In one sentence, correct and defend the problems pointed out by the examiner so that they will accept your point of view.
If it is an individual application and you are not sure about the specific operation matters, it is recommended to entrust an experienced agent.