Usually, the notice of examination opinions will clearly point out what defects exist in the application documents. In order to make targeted answers and eliminate all kinds of defects, you need to master some skills. The following is a description of the recovery skills for some common defects.
1, insufficient publicity.
If the examiner thinks that the patent application documents do not meet the requirements of "clarity", "completeness" and "realizability" in the third paragraph of Article 26 of the Patent Law, that is, the instructions are not fully disclosed, this defect will usually be pointed out first in the notice of examination opinions.
The examiner thinks that there may be many reasons why the specification is not fully disclosed, which may be caused by insurmountable substantive defects in the technical scheme of the invention-creation that is not fully and completely described in the specification, or by other insurmountable defects. For example, there are typos and translation errors in the instructions; Some expressions in the manual are not smooth and easy to understand; The terminology used in the manual is not standardized; The examiner doesn't know enough about the background technology of the invention, and thinks that the manual lacks the description of the invention; The examiner did not accurately understand the invention, etc.
The applicant shall carefully read the specific reasons given in the notice of examination opinions, analyze the reasons that led the examiner to reach this conclusion, and mature opinions or modify documents according to different situations. At this time, the applicant needs to pay special attention to understand and master the relevant provisions of Chapter II of Part II of the Patent Examination Guide.
If, after analysis, the examiner thinks that the reasons for the insufficient disclosure of the instructions are that the sentences are not fluent, the words or sentences are ambiguous, the context description is inconsistent or contradictory, or translation errors. This defect can be overcome by modifying the specification. The applicant shall fully explain the basis of the modification when making the modification, and point out that the content of the modification can be directly derived from the records in the original specification and claims, otherwise it will lead to the defect that the modification is beyond the scope.
If, after analysis, the examiner thinks that the reason why the manual is not fully disclosed is that the examiner does not have enough knowledge of the background technology of the invention, so that he thinks that the manual does not clearly describe a certain technical content, it should be clear in the opinion statement that the technical content belongs to the common knowledge of technicians in this field, and it is best to provide textbooks, dictionaries and other related existing technical documents in related fields as supplementary evidence.
After analysis, the examiner thinks that the reason why the instruction manual is not fully disclosed is that the content of the invention has not been accurately understood, and shall make clarification to the examiner in the statement of opinions, and make clarification and modification of the application documents when necessary, and explain that the modification is not beyond the scope recorded in the original instruction manual and the claims.