The patent lacks the technical features necessary to solve the technical problem. How should we respond to the examination opinion?

Hello, this depends on whether your manual records specific technical characteristics.

Article 19 of the Implementing Rules of the Patent Law stipulates that the claims should record the technical features of the invention or utility model. That is to say, it is necessary to record not only what problems are to be solved, but also how to achieve them.

Article 26, paragraph 3, of the Patent Law stipulates that “the description shall provide a clear and complete description of the invention or utility model, which shall be subject to the ability of a skilled person in the relevant technical field to realize it.” The Patent Examination Guidelines stipulate that "the description only provides tasks and/or assumptions, or only indicates a desire and/or result, but does not provide any technical means to enable those skilled in the technical field to implement it" is considered to be lacking. Technical means to solve technical problems, technical solutions cannot be realized.

In addition, Article 33 of the Patent Law stipulates, “Applicants may modify their patent application documents, but the modifications to invention and utility model patent application documents shall not exceed the requirements stated in the original description and claims. Scope"

You can reply like this. If your description records the technical means used to achieve it, just add them to the claims; if there is no record, if a person skilled in the art reads it Your instructions can realize your technical solution, solve technical problems, and produce expected effects, and you can explain the reasons; if there is no record, and people skilled in the field cannot reproduce your solution, then there is no way, the instructions are unclear, Complete and insufficient disclosure are substantive defects that cannot be improved through replies or modifications (modifications cannot exceed the scope of the claims and description in the application documents you submitted).

Hope it helps!