How to deal with the fact that utility model and design patents are rejected after the preliminary examination without discovering the fact

If no reason for rejection of a utility model or design patent application is found after preliminary examination, the patent administration department of the State Council shall make a decision to grant the utility model patent right or the design patent right, issue the corresponding patent certificate, and register and announce it at the same time. Regarding the issue of how to deal with the fact that utility model and design patents have not been rejected after the initial examination, the editor of Legal Savior Network will give you a detailed answer below.

1. How to deal with the fact that utility model and design patents were rejected after the preliminary examination was not found

1. If no reason for rejection is found after preliminary examination of the utility model or design patent application, the patent administration department of the State Council shall make a decision to grant the utility model patent right or the design patent right, issue the corresponding patent certificate, and register it at the same time and announcements.

2. Legal basis: "Patent Law of the People's Republic of China"

Article 40 If no reason for rejection of a utility model or design patent application is found after preliminary examination, the patent administration department of the State Council shall make a decision to grant the utility model patent right or the design patent right, issue the corresponding patent certificate, and register and announce it at the same time. Utility model Patent rights and design patent rights take effect from the date of announcement.

2. Contents of preliminary patent examination

(1) For defects in the application documents that can be eliminated by correction, the applicant shall be given the opportunity to make corrections; for defects that cannot be overcome in the application documents, the applicant shall be Give the applicant an opportunity to state his/her views. Only if the defects cannot be eliminated after making corrections or stating opinions, can a rejection decision be made. If necessary, the applicant may be given two or more opportunities to make corrections or state opinions. When multiple opportunities for correction are given, the examiner shall be careful not to delay the time limit for publication of the patent application stipulated in Article 34 of the Patent Law.

(2) A comprehensive review should be conducted on the format defects existing in the application documents and other documents to ensure that the format of the published documents meets the requirements; Substantial defects need to be pointed out and dealt with only when they are obvious and affect publication.

(3) Unless the application document is rejected, the examiner should try to point out all format defects in the application document in one correction notice.

(4) Where the documents submitted by the applicant or the procedures initiated do not comply with the provisions of the Patent Law and its implementing regulations, it is necessary to make a decision that the application is deemed not to have been submitted or is deemed to have not been made. If the decision is to be withdrawn or rejected, the applicant should also be notified of the follow-up procedures that can be initiated.

(5) No matter what kind of processing the examiner makes, he should make corresponding processing and records in the paper document.

According to the provisions of the Patent Law, if no reason for rejection of a utility model or design patent application is found after preliminary examination, the patent administration department of the State Council shall make a decision to grant a utility model For decisions on patent rights or design patent rights, a corresponding patent certificate will be issued, and it will be registered and announced at the same time. I hope the above content can be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior website to consult a professional lawyer.