1. What are the circumstances under which an invention patent application should be rejected after substantive examination?
1. In the Patent Law, the circumstances under which an invention patent application should be rejected after substantive examination are:
(1) The application falls under Article 5, Article 5 of the Patent Law The circumstances specified in Article 25, or the patent right cannot be obtained in accordance with Article 9 of the Patent Law;
(2) The application does not comply with Article 2 of the Patent Law Paragraph 2, Paragraph 1 of Article 20, Article 22, Paragraph 3 of Article 26, Paragraph 4, Paragraph 5, Paragraph 1 of Article 31 or Article 20 of these Rules As stipulated in Paragraph 2;
(3) The amendment of the application does not comply with the provisions of Article 33 of the Patent Law, or the divisional application does not comply with the provisions of Article 33 of these Rules The provisions of paragraph 1 of Article 43.
2. Legal basis: Article 53 of the "Implementing Rules for the Patent Law of the People's Republic of China"
2. Procedure for substantive examination of invention patents
The substantive examination process begins with the substantive examination department receiving the application dossier delivered by the document process management department, to issuing a notice granting the invention patent right, issuing a notice that the patent application is deemed to be withdrawn, making a decision to reject the application and the decision becomes effective or applying until the person withdraws the application.
The behaviors that may occur during the substantive examination of an invention patent application are as follows:
1) After conducting a substantive examination of an invention patent application, if the examiner believes that the application does not comply with the relevant provisions of the Patent Law and its implementing rules, he shall notify the applicant and require him to state his opinions or make modifications to his application within a specified time limit; the examiner issue reviewThe investigation opinion notice (including the divisional notice) and the applicant's reply may be repeated multiple times until the application is granted patent rights, rejected, withdrawn or deemed withdrawn;
2) For an invention patent application where no reason for rejection is found after substantive examination, or where the original defects are eliminated after the applicant states his opinions or makes revisions, the examiner shall issue a notice granting the invention patent right;
3) After the applicant has stated his opinions or revised the invention patent application, there are still defects listed in Article 53 of the Implementing Rules of the Patent Law as pointed out in the notice. , the examiner shall reject it;
4) The applicant fails to respond to the examination opinion notice, divisional case notice or submission of information notice within the time limit without justifiable reasons. , the Patent Office shall issue a notice that the application is deemed to have been withdrawn.
According to the provisions of the "Patent Law Implementing Rules", in the Patent Law, the circumstances under which an invention patent application should be rejected after substantive examination refer to the situation where the application falls under Section 1 of the Patent Law. The circumstances specified in Article 5 and Article 25; or the patent right cannot be obtained in accordance with Article 9 of the Patent Law, etc. 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.
