1. About "simultaneously or successively submitting a number of patent applications with obviously the same content of inventions or creations, or essentially consisting of simple combination changes of features or elements of different inventions and creations." Refers to a number of patent applications formed by obviously identical inventions or simple combination changes, regardless of whether these patent applications are submitted at the same time or successively. It not only includes many applications for inventions or utility models that are simply replaced or pieced together with different materials, components, proportions and components. Moreover, it is a design application obtained by simply splicing and replacing different design features or elements after the original or slight changes. What needs to be pointed out in particular is that "the contents of inventions and creations are obviously the same" does not include the situation that the same applicant applies for a patent for utility model and an invention patent at the same time for the same invention and creation on the same day, which is allowed by the first paragraph of Article 9 of the Patent Law.
2. About "the submitted patent application is fabricated, forged, tampered with the invention content, experimental data or technical effect, or copied, simply replaced, pieced together the existing technology or existing design and other similar situations.
Among them, "fabricating, forging and altering" mainly refers to fabricating and forging nonexistent inventions, experimental data and technical effects; Or the behavior of exaggerating the effect after modifying or changing the existing technology or design scheme, but actually unable to achieve the effect.
3. The invention-creation of the submitted patent application is obviously inconsistent with the actual R&D ability and resource conditions of the applicant and inventor.
"Refers to the invention-creation quantity or content of the submitted patent application obviously exceeds the actual research and development ability and resource conditions of the applicant and inventor. For example, a company submitted a large number of patent applications in a short time, but after verification, the company did not have insured personnel and paid-in capital. In fact, it is a shell company with no investment in scientific research, no R&D team and no production and operation.
4. The invention-creation contents of a number of patent applications submitted are mainly randomly generated by computer programs or other technologies.
"It refers to the random and disorderly formation of technical schemes or design schemes by computer means without the actual participation of scientific researchers, which is not a real innovation activity. For example, many applications submitted are completely technical schemes, product shapes, patterns or colors randomly generated by computer technology.
5. About "the invention-creation of the submitted patent application is an invention-creation deliberately formed to avoid patent examination, which obviously does not conform to technical improvement or common sense of design, or has no actual protection value, has deteriorated and accumulated, unnecessarily narrowing the scope of protection, or has no retrieval and examination significance.
"Refers to the technical personnel in this field. In order to avoid patentability examination, the applicant deliberately complicates the technical route or design scheme that is conventional in this field or can be realized by simple steps, but in fact, the technical improvement and design improvement are not realized, especially the claims formed by enumerating a large number of subtle and unnecessary technical features, which substantially narrows the scope of protection.
6. Regarding "to avoid the regulatory measures to crack down on abnormal patent applications, a number of patent applications related to specific units, individuals or addresses are submitted in a decentralized, sequential or off-site manner.
"It refers to the act of deliberately submitting a patent application belonging to the same applicant from the perspectives of time, place and applicant by registering multiple companies, using multiple ID numbers or using multiple company addresses, so as to avoid being identified as an abnormal patent application.
7. Regarding "the right to apply for a patent or the patent right shall not be bought or sold for the implementation of patented technology, design or other legitimate purposes, and the inventor or designer shall not be falsely changed.
"It mainly includes two situations: one is the act of buying and selling patent application rights or patent rights for the purpose of non-market competition. For example, institutions or individuals transfer patent applications or authorized patents in batches during the review period, and the patent applications or patents held by the transferor are not necessarily related to their business; Or the transferee obviously refuses to accept the patent application or patent right for technical implementation or other reasonable and legal purposes. The second is to falsely change the behavior of inventors and designers. In practice, it is found that those who make no contribution to the invention and creation for the purpose of illegitimate interests are inventors or designers. Article 13 of the Detailed Rules for the Implementation of the Patent Law stipulates that an inventor or designer should be a person who makes creative contributions to the substantive characteristics of the invention and creation.
8 about "patent agencies, patent agents or other institutions or individuals, as agents, seduce, abet, help others or conspire with them to implement various abnormal patent applications.
"Refers to qualified patent agencies, patent agents, and institutions or individuals that have no patent agency qualification to implement various abnormal patent applications. Including the act of directly representing abnormal patent applications, as well as the act of inducing, instigating and helping others to file abnormal patent applications.
How to appeal?
For abnormal applications, if a special letter of business review is issued for China National Intellectual Property Administration, it is necessary to reply within the time limit specified in the notice. If it is notified by the local intellectual property management department, you need to contact the local intellectual property management department directly to confirm how to handle the follow-up procedures.
Legal basis:
The first paragraph of Article 2 of the Measures for the Standardization of Patent Application gives the basic definition of abnormal patent application behavior: any unit or individual does not seek illegitimate interests or fictitious innovation performance or service performance, submit various patent applications, represent patents, transfer patent application rights or patent rights, etc. for the purpose of protecting innovation and not based on real invention and creation activities. Are all abnormal patent application behaviors.