1. How long does it take to review a patent rejection
1. Patent There is a three-month period for review of the rejection. According to relevant legal provisions, if a patent applicant has objections to the decision of the Patent Administration Department of the State Council to reject his patent application, he may submit a written review application to the Patent Administration Department of the State Council that made the decision to reject the application within three months from the date of receipt of the notice. .
2. Legal basis: Article 41 of the "Patent Law of the People's Republic of China", if a patent applicant is dissatisfied with the decision of the patent administration department of the State Council to reject the application, You may request a reexamination from the patent administration department of the State Council within three months from the date of receipt of the notice. After review, the patent administration department of the State Council will make a decision and notify the patent applicant.
If a patent applicant is dissatisfied with the reexamination decision of the Patent Administration Department of the State Council, he may file a lawsuit with the People's Court within three months from the date of receipt of the notice.
2. Under what circumstances a patent application may be rejected
After substantive examination, the examiner believes that the application has substantial defects If the patent right cannot be granted, the applicant will be given at least one opportunity to state his opinions and/or make modifications to the application documents. 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 applicationThe subject matter is an object for which invention patent rights are not granted;
2. The applied invention does not have novelty, creativity and practicality;
3. The invention patent 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 provisions of the Patent Law on the unity of invention patent applications;
5. The applied invention cannot obtain patent rights based on the "first-to-file principle", or the application fails Comply with the principle of "one invention, one patent";
6. The subject matter of the invention patent application does not comply with the definition of invention in Article 2 of the "Patent Law Implementing Rules";
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 amendment of the application or the division of the application exceeds the scope recorded in the original description and claims.I hope the above content will be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior Network to consult a professional lawyer.
