How to reply to the examination opinions of patent applications?
As we all know, many certificates and materials, especially those with legal effect, often need to be examined to ensure the rational use of legal effect, and the purpose of applying for a patent for invention is to determine whether the invention patent belongs to a creative and practical invention. So how does the patent application reply to the examination opinions? Bian Xiao has compiled relevant contents, hoping to help you. How to reply to the examination opinions of patent applications? 1. If the application documents only have formal defects, the patent right can be granted by modifying the application documents; If there are substantial defects in the application documents, the patent application will be rejected, which plays a decisive role in the prospect of patent application. Therefore, when reading the Notice of Review Opinions, we should pay special attention to the substantive defects it points out. 2. First of all, it is necessary to clearly compare the types of files. If the comparison file is a conflicting application, it can only be used to evaluate novelty. Then, analyze whether the technical field of the comparison document is the same as, similar to or related to the technical field of this application, and whether the technicians in this field will understand the current situation of the existing technology in the field mentioned in this comparison document when solving the technical problems of this application. 3. Read the comparison documents one by one, understand and analyze the technical contents disclosed in the comparison documents, and compare them with the technical scheme of the claims of this application, and make a list analysis if necessary, so as to more clearly determine which technical features in the claims of this application have been disclosed in the comparison documents. As long as there are technical features that are not disclosed in the reference document, the application is novel relative to the reference document. Related legal knowledge Article 35 of the Patent Law of People's Republic of China (PRC) Within three years from the date of application, the patent administration department of the State Council may, at the request of the applicant, conduct substantive examination of the application at any time; If the applicant fails to request substantive examination within the time limit without justifiable reasons, the application shall be deemed to have been withdrawn. The patent administrative department of the State Council may, when it deems it necessary, examine the application for a patent for invention on its own.