What are the types of preliminary review opinions
Preliminary review opinions are divided into the following three types.
(1) The evidence for the review request is sufficient and the reasons are established , agreed to revoke the original decision to reject the application.
(2) Review the application documents submitted by the requester The revised text overcomes the defects in the original application documents, and it is agreed to revoke the original decision to reject the application on the basis of the revised text.
(3) Opinions stated by the review requester and The revised text of the application documents submitted was not enough to revoke the original decision to reject the application, so the original decision to reject the application was upheld.
For pre-review opinions, the original review department should pay special attention to the following items.
(1) The original examination department should clearly state which of the above types of its preliminary examination opinions belong to. Those who insist on the original decision to reject the application should explain the opinions in detail; If the above opinions are the same as the original decision to reject the application, they can be briefly explained without repetition. After the original examination department re-searches the revised claims and insists on the rejection decision on the basis of adding new comparison documents, the decision should be based on the new comparison. The document (combined with the original comparison document if necessary) states in detail the opinion insisting on rejection.
(2) The original examination department believes that the revision of the rejected patent application submitted by the reexamination requester does not comply with the provisions of Article 60, paragraph 1, of the Implementing Rules of the Patent Law, or does not comply with Article 3 of the Patent Law. The provisions of Article 13 shall be explained in the pre-examination opinion.
(3) If the opinions put forward by the original examination department fall into type (1) or (2) of the above three types, the Patent Reexamination Board will no longer conduct a collegial examination and shall based on the preliminary examination opinions A reexamination decision is made, the reexamination requester is notified, and the original examination department continues the examination and approval process. The original examination department shall not directly proceed with the examination and approval process without the Patent Reexamination Board making a reexamination decision.
(4) The original examination department did not modify the application documents on which the rejection decision was based in the preliminary examination opinion. No new reasons for rejection or evidence may be raised in a request for review.
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