The authorization risk of invention patent application mainly comes from the following three aspects:
1. The longest retrieval blind period of a patent application is 18 months. According to Article 34 of the Patent Law, under normal circumstances, an application for a patent for invention will not be made public automatically until 18 months after the filing date. Even if it is made public in advance at the request of the applicant, it will take about 6 months to make it public, and no one can retrieve its information through public channels during the confidentiality period before the patent application is made public.
2. Patent examination is subjective, and whether a patent can be authorized depends on the examiner's specific judgment. Whether a patent meets the authorization requirements, especially whether it is creative, ultimately depends on the examiner's subjective judgment in most cases.
3. The patent agency's mistakes (no retrieval), irresponsibility (omission or misstatement) or no professional ethics (failure to inform of obvious risks or disclosure of patented technology in violation of the contract).
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