How to reject a patent under substantive examination
Invention patents violate the law and society If the patent application does not comply with the regulations due to public morality or other circumstances, the patent application may be rejected.
"Implementing Rules for the Patent Law of the People's Republic of China"Article 44 The preliminary examination referred to in Articles 34 and 40 of the Patent Law refers to the examination of whether the patent application meets the requirements of Article 20 of the Patent Law. Documents specified in Article 6 or Article 27 and other necessary documents, whether these documents comply with the prescribed format, and review the following items:
(1) Whether the application for an invention patent obviously falls within the circumstances specified in Articles 5 and 25 of the Patent Law, and whether it does not comply with Articles 18, 19, 1 and 2 of the Patent Law. Whether the provisions of the first paragraph of Article 10 or the second paragraph of Article 16 and Article 26 of these Rules are obviously inconsistent with the second paragraph of Article 2, the fifth paragraph of Article 26 and the third paragraph of Article 26 of the Patent Law? The provisions of paragraph 1 of Article 11, Article 33 or Articles 17 to 21 of these Rules;
(2) Utility models Whether the patent application clearly falls within the circumstances specified in Articles 5 and 25 of the Patent Law, and whether it does not comply with Article 18, Paragraph 1 of Article 19, Paragraph 1 of Article 20 or Are the provisions of Articles 16 to 19 and 21 to 23 of these Rules obviously inconsistent with Article 2, paragraph 3, Article 22, paragraph 2, and The provisions of Paragraph 4, Paragraph 3 and Paragraph 4 of Article 26, Paragraph 1 of Article 31, Article 33 or Article 20 and Paragraph 1 of Article 43 of these Rules, Whether the patent right cannot be obtained in accordance with Article 9 of the Patent Law;
(3) Whether the design patent application clearly falls under Article 5 of the Patent Law, The circumstances specified in Item (6) of Paragraph 1 of Article 25shape, whether it does not comply with the provisions of Article 18, Article 19, Paragraph 1 of the Patent Law or Articles 16, 27, and 28 of these Rules, and whether it clearly does not comply with the provisions of the Patent Law 》Article 2, Paragraph 4, Article 23, Paragraph 1, Article 27, Paragraph 2, Article 31, Paragraph 2, Article 33 or Article 43, First of these Rules whether the patent right cannot be obtained in accordance with the provisions of Article 9 of the Patent Law;
(4) Whether the application documents comply with Article 2 and Article 2 of these Rules; The provisions of the first paragraph of Article 3.
The patent administration department of the State Council shall notify the applicant of the examination opinions and require him to state his opinions or make corrections within a specified period; if the applicant fails to respond within the specified period, his application deemed withdrawn. After the applicant has stated its opinions or made corrections, if the patent administration department of the State Council still considers that the application does not comply with the provisions listed in the preceding paragraph, it shall reject it.
The above knowledge is the editor's answer to the question "How to reject a patent under substantive examination". According to the provisions of the "Patent Law Implementing Rules", invention patents violate the law. , social morality, patent application does not comply with regulations, etc., the patent application may be rejected. If readers need legal help, they are welcome to go to the Legal Savior Network for legal consultation.
