How to write a statement of opinion on an invention patent
Statement of Opinions
Dear Examiner:
This statement of opinion is a reply to the ×th examination opinion notice issued on ×month×year×year. The right to new modifications is attached to this statement of opinion. Full text of request letter.
(1) Modification instructions
The applicant carefully studied the review opinions and the references After comparing the documents, the claims are modified as follows:
Add the technical feature "XXX" into claim 1.
The technical feature is recorded (where in the original description or in the claims), so the modification does not exceed the scope recorded in the original description and claims. This amendment is to overcome the defect of claim 1 (lack of novelty) pointed out in the Office Action. Therefore, the above modifications are in compliance with both the provisions of Article 33 of the Patent Law and the provisions of Article 51, paragraph 3, of the Implementing Rules of the Patent Law.
(2) Novelty and inventive step
1. Amended claim 1 It must have novelty as stipulated in Article 22, Paragraph 2 of the Patent Law.
Compared with the reference document 1, the revised claim 1 has a distinctive technical feature A. Therefore, the technical solution sought for protection in claim 1 is different from the reference document 1 disclosed technical solution, claim 1 is novel compared to reference document 1.
2. The revised claim 1 possesses the inventive step stipulated in Article 22, paragraph 3, of the Patent Law.
(1) Determine the closest existing technology.
Reference Document 1 is in the same technical field as this application and discloses the most technical features. Therefore, Reference Document 1 is the closest prior art to this application.
(2) Determine the distinguishing features and the technical problems actually solved
Modified rights Compared with Reference Document 1, Requirement 1 has distinguishing feature A, which is the technical problem to be actually solved by the present invention.
(3) Determine whether the claimed invention is obvious to those skilled in the art
Comparative documents 2Although the above-mentioned distinguishing technical feature A is disclosed, the role of A in reference document 2 is, and from the description of this application, it can be known that the role of A in the present invention is, from this it can be seen that A in reference document 2 The role played is different from its role in the present invention. When a person skilled in the art sees Reference Document 2, it is impossible to easily think of applying A to the closest prior art to solve the technical problems of the present invention. That is to say, Reference Document 2 does not provide a comparison between A and Reference Document 2. 1 to solve the technical problems of the present invention.
The above-mentioned distinguishing feature A is not a common technical means for those skilled in the art. Therefore, the revised claim 1 has outstanding substantive features.
What technical effects are produced by adopting the technical solution of claim 1? Therefore, the modification of claim 1 represents a significant improvement.
To sum up, the revised claim 1 has outstanding substantive features and significant progress compared with the existing technology, and meets Article 22 of the Patent Law. Inventive step specified in paragraph 3 of Article 3.
3. Dependent claims also possess the inventive step stipulated in Article 22, paragraph 3, of the Patent Law.
When independent claim 1 possesses inventiveness, its dependent claims also possess inventiveness.
The applicant believes that the revised claims have completely overcome theFor all the defects pointed out in the ×th examination opinion notice, we hope that the examiner will grant the invention patent right as soon as possible. Thank you!
Applicant: XXX
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