If you receive the notice of preliminary examination of the application for a patent for invention, there is basically no problem whether the application is successful or not.

Receiving the notice of conformity means that your application documents are qualified in form, but it does not mean that they are qualified in substance. Need to pay the examination fee, after the examination request, after substantive examination, meet the requirements of the patent "three characteristics", and then statistical results.

According to the provisions of Article 35 of the Patent Law, the Patent Office conducts substantive examination of the application for a patent for invention. The purpose of substantive examination of an application for a patent for invention is to determine whether the application for a patent for invention should be granted a patent right, especially whether it conforms to the provisions of the Patent Law on novelty, creativity and practicality.

In the process of substantive examination, for most invention patent applications, the examiner will inform the applicant of the substantive examination opinions in the form of notice of examination opinions. If you can write a convincing opinion statement for the review opinion notice and modify the qualified application documents, the application may be authorized in a short time. Therefore, how to reply to the notice of examination opinions is a basic skill of patent agents.

According to the review opinions of the application documents in the notice of review opinions, they can be roughly divided into two categories, namely, formal defects and substantive defects; Among them, substantive defects can be divided into insurmountable substantive defects and insurmountable substantive defects.

If the application documents only have formal defects, then 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.

Lack of novelty and/or creativity in patent application documents is one of the common substantive defects. The examiner's main basis for judging whether the application for a patent for invention is novel and/or creative is the comparison document cited in the notice. Careful study of the comparative documents is the basis for understanding the examiner's point of view.