What is the scope of patent objection examination and how long is the duration of patent objection examination?

Patent objection review refers to a review system that allows anyone in the society to object to a patent application within the statutory time limit after the patent application is published. Through this objection review, the Patent Office extensively solicits the public's comments on patent applications, finds problems in time, and makes correct authorization decisions, thus reducing disputes after patent authorization.

I. Scope of Patent Objection Examination

Anyone can raise an objection to the Patent Office within 3 months from the date of the announcement of the patent application. The reasons for raising objections are mainly limited to the following points:

(1) The subject of the patent application is not the object protected by the patent law;

(2) The subject matter of the patent application violates the law, social morality or harms the public interest;

(3) The application is not novel, creative or practical;

(4) The applicant has no right to apply for a patent;

(5) The description of the invention does not reveal the comprehensive content of the invention, or the claim is not based on the description; ?

(6) The amendment or division of the application is beyond the scope of the original application.

Second, the patent objection review period

If the applicant for a patent refuses to accept the decision of the patent administrative department of the State Council to reject the application, he may, within three months from the date of receiving the notice, request a reexamination with the Patent Reexamination Board. After reexamination, the Patent Reexamination Board shall make a decision and notify the patent applicant.

If the patent applicant refuses to accept the reexamination decision of the Patent Reexamination Board, he may bring a lawsuit to the people's court within three months from the date of receiving the notice.