Can I apply for an extension to the patent reply rejection decision?
No rejection decision is required We will not receive a reply when applying for an extension. If you are not satisfied, you should submit a review request to the review committee.
What is a patent rejection notice
Rejection of an invention patent application means that after the Applicant’s reply, the State Intellectual Property Office believes that the invention patent application still has substantive defects stipulated in the patent law. decision to refuse to grant a patent right.
The rejection of an invention patent application can either be rejected after a preliminary examination by the State Intellectual Property Office and the applicant states his opinions or modifications, or it can be rejected after a substantive examination and The application will be rejected after the applicant states its opinions or makes revisions.
If after substantive examination, the examiner believes that the application has substantial defects and cannot be granted a patent right, the applicant will be given at least one statement of opinion and/or the application documents will be modified. Opportunity. If the applicant fails to provide persuasive opinions and/or evidence within the specified time limit, and fails to make modifications to the application documents that comply with the provisions of the Patent Law and its implementation rules, or there are still sufficient existences in the revised application documents to be used as notified The examiner may make a decision to reject the application if it fails to satisfy the applicant's reasons and evidence. These substantive defects include:
(1) The subject matter of the invention patent application violates national laws, social ethics or harms public interests, or the subject matter of the application falls within the scope of the Patent Law 》Objects that are not subject to the grant of invention patent rights as stipulated in Article 25;
(2) The applied invention does not possess novelty, creativity and practicality;
(3)Invention patentThe application does not fully disclose the subject matter requested for protection, or the claims are not based on the description;
(4) The application does not comply with the patent law's requirements on the unity of invention patent applications Regulations;
(5) The invention applied for cannot obtain patent rights according to the "first-to-file principle", or the application does not comply with the "one invention, one patent" principle;
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(6) The subject matter of the invention patent application does not meet the definition of invention in Article 2 of the Patent Law;
(7) The claim does not clearly and briefly state the scope of protection requested, or the independent claim lacks the necessary technical features to solve the technical problem;
(8) The application for amendment or division exceeds the scope recorded in the original description and claims.
The rejection decision consists of two parts: a special form and the body of the rejection decision. The special form mainly records the name of the applicant, application number, title of the invention, etc.
The text of the rejection decision includes three parts: the cause of action, the reasons for rejection, and the decision. The cause of action should briefly state the review process of the application, especially the circumstances related to the rejection decision, that is, the previous review opinions (including the evidence used) and the summary of the applicant's reply, the defects in the application that led to the rejection, and the rejection The text of the application on which the decision is based. In the section on reasons for rejection, the examiner shall discuss in detail the facts, reasons and legal basis on which the rejection decision is based. The reasons for rejection shall be stated in the decision part, and the conclusion of rejection of the application shall be drawn in accordance with Article 38 of the Patent Law.
Once the rejection decision is issued, in addition to a request to correct errors in the patent document caused by the State Intellectual Property Office's work errors and a letter requesting to correct typos, the application Any submissions, replies and amendments made by the person will no longer be considered.
After reading this, everyone will understand that you cannot apply for an extension for a rejected decision, and of course there is no need to make any reply. There is only one opportunity to explain, which is particularly important for the inventor, and everyone must understand this knowledge. If you have any other questions, please feel free to consult the professional lawyers on the Legal Savior Network.
