How to reply to examination opinions on patent application

We all know that many certificates and materials, especially legally valid certificates, often need to be reviewed in order to ensure the reasonable use of legal validity when they are granted. In the case of invention Patent applications, the purpose is to determine whether the invention patent is creative and practical. The invention of sex. So how do you respond to examination opinions for a patent application? The editor of Legal Savior Network has compiled relevant content and hopes it will be helpful to you.

How to reply to examination opinions for a patent application

1. If the application document only exists If there are formal defects, then the patent right can be granted by modifying the application documents; if there are substantive defects in the application documents, it will cause the patent application to be rejected, which will play a decisive role in the prospects of the patent application. Therefore, when reading the notice of examination action, you must Particular attention will be paid to the material deficiencies pointed out.

2. First, it is necessary to clarify the type of comparison document. If the comparison document is a conflicting application, it can only be used to evaluate novelty. Then analyze the technical field of the comparison document. Whether it is the same, similar or related to the technical field of this application, and whether those skilled in the art will understand the current status of the prior art in the field described in this reference document when solving the technical problems of this application.

3. Read the comparative documents one by one, understand and analyze the technical content disclosed in the comparative documents, and compare and analyze them with the technical solutions claimed in the present application. , list analysis can be performed when necessary, so that it can be more clearly determined which technical features in the claims of this application are disclosed by the comparative documents, and which technical features in the claims of this application have not been disclosed by the comparative documents, as long as there are comparative documents that have not been disclosed technical features, then this application is novel compared to the reference document.

Relevant legal knowledge

"Patent Law of the People's Republic of China"

Article 35 Application for an invention patent shall be made from Within three years from the date of application, the patent administration department of the State Council may conduct a substantive examination of the application based on the request made by the applicant at any time; if the applicant fails to request a substantive examination beyond the time limit without justifiable reasons, the application will be deemed to have been withdrawn. When the patent administration department of the State Council deems it necessary, it may review the invention on its own initiativeThe patent application undergoes substantive examination.

In fact, in the patent examination process in judicial practice, for most invention patent applications, as long as the parties involved can put forward the opinions in the application that are recognized by the examiner. If you provide a statement, the application may be obtained in a shorter period of time, so it is recommended that if time is tight, please consult professionals in time to help handle it. The Legal Savior Network also provides online lawyer consultation services, and you are welcome to have legal consultation.