According to the notice, the chief judge of the Patent Appeal and Conflict Committee will have the sole right to judge whether the complaints submitted by both parties in the retrial procedure (including the complainant's complaint, the respondent's defense and the third party's objection statement) comply with the relevant provisions of the detailed rules for the implementation of the US Patent Law. The examiner will no longer review whether the complaint complies with relevant laws and regulations. The purpose of this procedure is to reduce the appeal delay of both parties in the retrial procedure by eliminating the repeated review by the examiner and the Appeal and Conflict Committee.
Intellectual property lawyers tell you that the optimized procedure will increase the consistency of adjudication, reduce the number of unqualified complaints and complaints, and the number of non-substantive responses such as the conflict Committee asking the parties to submit correct complaints, which is conducive to further improving the efficiency of retrial procedures.
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