1. Reasons for filing patent objections
The main reasons for filing objections Limited to the following points:
(1) The subject matter of the patent application is not the object of protection by the patent law;
(2) The subject matter of the patent application violates the law, social ethics or harms public interests;
(3) The application does not possess novelty, creativity or practicality property;
(4) The applicant has no right to apply for a patent;
(5) Invention The description does not disclose the comprehensive content of the invention, or the claims are not based on the description;
(6) The amendment or division of the application exceeds the scope of the original application scope.
The reasons for objections to design patent applications are basically the same as those for invention and utility model patent applications. If the design applied for patent is plagiarism or plagiarism Other people's works also fall within the scope of raising objections.
When the opponent raises an objection, he should submit a letter of opposition to the Patent Office. The content of the objection letter should comply with the provisions of the Patent Law. If the objection letter does not comply with the law, the Patent Office has the right not to accept it.
"Patent Law of the People's Republic of China"
Article 41 Patent Administration Department of the State Council Establish a patent reexamination committee. If a patent applicant is dissatisfied with the decision of the Patent Administration Department of the State Council to reject the application, he may request a reexamination to the Patent Reexamination Board within three months from the date of receipt of the notice. After review, the Patent Reexamination Board will make a decision and notify the patent applicant.
Patent applicantIf you are dissatisfied with the reexamination decision of the Patent Reexamination Board, you may file a lawsuit with the People's Court within three months from the date of receipt of the notice.
2. What is a patent objection?
Patent opposition, like trademark opposition, is a review system that allows anyone in society to raise objections to the patent application within the legal period after the patent application is announced. Through this kind of opposition review, the Patent Office extensively solicits the public's evaluation of patent applications, discovers problems in a timely manner, and makes correct authorization decisions, thereby reducing disputes after patent authorization.
An opponent who raises an objection to a published patent application should submit a letter of opposition to the Patent Office and pay an opposition fee. During the opposition review process at the Patent Office, the opponent has the right to make statements and also has the right to withdraw its opposition request at any time. The Patent Office believes that the grounds for the objection are not valid and has the right to make a decision to grant the patent right. If the opponent is dissatisfied with the Patent Office's authorization decision, he cannot immediately request a reexamination. He can only request the Patent Reexamination Board to declare the patent invalid after the patent right is obtained.
The above are related issues about the reasons for raising patent objections. From the above analysis, we can see thatWhen the opponent raises an objection, he or she shall submit a letter of objection to the Patent Office. The content of the opposition letter should comply with the provisions of the Patent Law. If the problem is recommended to be consulted by a lawyer or needs to be solved by a more professional legal department, readers can go to the Legal Savior Network for consultation. The Legal Savior Network has professional lawyers to answer your questions.
