In the process of patent application examination, the applicant may receive the notice of oa examination opinions many times, and the reply to the notice of examination opinions will directly affect the process and result of patent application. If the defects or problems still exist after repeated statements or amendments, the patent application will be rejected. So patent oa reply is very important. In order for the patent to successfully complete the oa reply, the patentee needs to do everything possible.
When a patent meets oa reply, it is nothing more than that its own patent does not meet the three characteristics of the patent, or that the patent has relevant objections raised by others to the patentee. But in any case, once the patentee meets the patent examination opinions, it is time to make an oa defense. If you don't reply to oa, it will directly affect the success of patent application, or directly lead to the withdrawal of patent and the failure of application.
Extended data
The contents of patent examination mainly include:
1, whether it conforms to the definition of invention stipulated in Article 2 of the Patent Law, that is, the new technical scheme proposed for the product, method or its improvement.
2, whether it conforms to the provisions of Article 5 of the Patent Law, that is, whether the subject matter of the patent application violates national laws, social morality or harms the public interest;
3, whether it conforms to the provisions of Article 25 of the Patent Law, that is, whether the subject matter of the patent application belongs to the scope of the patent right can not be granted;
4. Whether it conforms to the practicability stipulated in the fourth paragraph of Article 22 of the Patent Law;
5, whether the specification meets the requirements of the third paragraph of Article 26 of the Patent Law, and fully discloses the theme of the request for protection;
6. Whether the technical scheme defined in the claim has novelty and creativity as stipulated in the second and third paragraphs of Article 22 of the Patent Law;
7. Whether the patent claim clearly and concisely defines the scope of protection according to the fourth paragraph of Article 26 of the Patent Law, and whether the independent claim expresses a complete technical solution to technical problems;
8. Whether the modification of the application documents conforms to the provisions of Article 33 of the Patent Law and Article 51 of the Implementing Rules;
9. Whether the divisional application complies with paragraph 1 of Article 43 of the Detailed Rules for the Implementation of the Patent Law;
10, whether the claim is not only;
1 1. For inventions made by relying on genetic resources, it is also necessary to check whether the application documents comply with the provisions of Article 26, paragraph 5, of the Patent Law.
Baidu Encyclopedia-Patent Examination