What are the contents of rejection of invention patent application
The rejection of an invention patent application can be a preliminary decision of the State Intellectual Property Office. The application may be rejected after review and the applicant states its opinions or modifications, or it may be rejected after substantive examination and the applicant states its opinions or modifications.
After substantive examination, the examiner believes that the application has substance If patent rights cannot be granted due to sexual defects, the applicant will be given at least one opportunity to state its opinions and/or make modifications to the application documents. If the applicant fails to provide persuasive opinions and/or evidence within the specified time limit, and fails to make modifications to the application documents that comply with the provisions of the Patent Law and its Implementing Rules, or there are still sufficient existences in the revised application documents to be used. The examiner may make a decision to reject the application if the applicant has been notified of the reasons and evidence for rejection. These substantial defects include:
(1) Invention The subject matter of the patent application violates national laws, social ethics or harms public interests, or the subject matter of the application is an object that is not granted an invention patent right as stipulated in Article 25 of the Patent Law;
(2) The applied invention does not possess novelty, creativity and practicality;
(3) The invention patent application does not fully disclose the subject matter sought for protection, or the claims are not preceded by a description Based on;(4) The application does not comply with the provisions of the Patent Law on the unity of invention patent applications;
(5) The invention applied for cannot be patented according to the "first to file principle", or the application does not comply with the "one invention, one patent" principle;
(6) The subject matter of the invention patent application does not comply with the Patent Law Definition of invention in Article 2 of the Implementing Regulations;
(7) The claim does not clearly and briefly state the scope of protection requested, or the independent claim lacks the necessary technical features to solve the technical problem;
(8) The application for amendment or division exceeds the scope recorded in the original description and claims.
The rejection decision includes a special form and the body of the rejection decision. part. The special form mainly records the name of the applicant, application number, title of the invention, etc.
The text of the rejection decision includes three parts: the cause of action, the reasons for rejection, and the decision. The cause of action should briefly state the review process of the application, especially the circumstances related to the rejection decision, that is, the previous review opinions (including the evidence used) and the summary of the applicant's reply, the defects in the application that led to the rejection, and the rejection The text of the application on which the decision is based. In the section on reasons for rejection, the examiner shall discuss in detail the facts, reasons and legal basis on which the rejection decision is based. The reasons for rejection shall be stated in the decision part, and the conclusion of rejection of the application shall be drawn in accordance with Article 38 of the Patent Law.
Once the rejection decision is issued, except for requests for correction due to national Except for errors in patent documents caused by errors in the work of the Intellectual Property Office and letters requesting correction of typos, any submissions, replies and modifications made by the applicant will no longer be considered.
"Patent Law"
Article 38 An invention patent application shall be subject to the applicant’s statement of opinions or modifications Afterwards, if the patent administration department of the State Council still considers that the application does not comply with the provisions of this Law, it shall reject it.
Article 39 The application for an invention patent shall be substantive If no reason for rejection is found during the review, the patent administration department of the State Council will make a decision to grant the invention patent right, issue an invention patent certificate, and register and announce it at the same time. The invention patent right shall take effect from the date of announcement.
Article 40 Utility Models and Design Patents If no reason for rejection is found after preliminary review of the application, the State Council expertThe administrative department shall make a decision to grant a utility model patent right or a 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.
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