What does the suspension of relevant procedures by the Patent Administration Department of the State Council in 2023 mean?

The suspension of relevant procedures by the Patent Administration Department of the State Council refers to the suspension of the preliminary examination, substantive examination, and reexamination procedures of Patent applications, the procedures for granting patent rights, and the procedures for invalidating patent rights; suspending the procedures for abandoning, changing, and transferring patent rights or patent application rights, etc. . Regarding the question of what the suspension of relevant procedures by the Patent Administration Department of the State Council means, the editor of Legal Savior Network will give you a detailed answer below.

1. What does the suspension of relevant procedures by the Patent Administration Department of the State Council mean?

1 . The suspension of relevant procedures by the Patent Administration Department of the State Council refers to the suspension of the preliminary examination, substantive examination, and reexamination procedures of patent applications, the procedures for granting patent rights, and the procedures for invalidating patent rights; suspending the procedures for abandoning, changing, and transferring patent rights or patent application rights. Patent pledge procedures and termination procedures before the patent term expires, etc.

2. Legal basis: "Implementing Rules for the Patent Law of the People's Republic of China"

Eighth Article 18 The suspension of relevant procedures by the patent administration department of the State Council in accordance with the provisions of Articles 86 and 87 of these Rules refers to the suspension of the preliminary examination, substantive examination, and reexamination procedures of patent applications, the procedures for granting patent rights, and the declaration of invalidity of patent rights. Procedures; suspend the procedures for abandoning, changing, and transferring patent rights or patent application rights, procedures for pledging patent rights, and procedures for termination before the expiration of the patent right term.

2. What is the procedure for preliminary examination of invention patents

1. Passed preliminary examination

After preliminary examination, the application documents comply with the patent law Patent applications that comply with the relevant provisions of its implementation rules and have no obvious substantive defects, including patent applications that have been corrected and meet the requirements for preliminary examination, shall be deemed to have passed the preliminary examination. The examiner shall issue a preliminary examination qualification notice, specify the application text on which the publication is based, and then enter the publication procedure.

2. Supplements and corrections to application documents

In the preliminary review, if the application documents exist, the application can be passed Patent application to correct defects overcome, examinerA comprehensive review should be conducted and a notice of correction should be issued. The notice of correction shall specify the defects in the patent application, explain the reasons, and specify a time limit for reply. If the application document still has defects after the applicant has made corrections, the examiner shall issue a correction notice again.

3. Handling of obvious substantive defects

During the preliminary review, there are For patent applications with obvious substantive defects that cannot be overcome by correction, the examiner shall issue a notice of examination opinion. The notice of examination action should specify the substantive defects in the patent application, explain the reasons, and specify a time limit for reply.

Substantial defects in application documents need to be pointed out and dealt with only when they are obvious and affect publication.

4. Reply to the notice

After the applicant receives the supplementary notice or review After issuing the notice of opinion, the applicant shall make corrections or state its opinions within the specified time limit. If the applicant makes supplements or corrections to the patent application, he or she shall submit the supplements and corrections and the replacement pages of the corresponding revised documents. The modification and replacement page of the application document should be submitted in duplicate, and only one copy of other documents should be submitted. Modifications to application documents shall be made in accordance with the requirements of the Supplement and Correction Notice. The content of the amendment shall not exceed the scope recorded in the description and claims submitted on the filing date.

If the applicant fails to respond within the time limit, the examiner shall issue a deemed withdrawal according to the circumstances

Notice or other notice. If the applicant is unable to respond within the specified time limit due to legitimate reasons, he may submit a request for an extension of the time limit. Regarding the handling of requests for extension of time limit, the provisions of Section 4 of Chapter 7 of Part V of these Guidelines shall apply.

If a patent application is deemed to have been withdrawn due to justifiable reasons or delay in time due to force majeure, the applicant may apply to the Patent Office for reinstatement within the specified period. request for rights. Regarding the handling of requests for restoration of rights, the provisions of Chapter 7, Section 6 of Part V of these Guidelines shall apply.

5. Rejection of the application

The application documents have obvious substantive defects. After the issuance of the notice of examination opinion, it is still not eliminated after the applicant states its opinions or makes revisions; or the application document has formal defects for which the examiner has issued two corrections.If the notice is still not eliminated after the applicant states his opinions or makes corrections, the examiner may make a decision to reject it.

The text of the rejection decision shall include three parts: the cause of action, the reasons for rejection and the decision. The cause of action part should briefly describe the review process of the rejected application; the reasons for rejection part should state the facts, reasons and evidence for the rejection; the decision part should clearly point out that the patent application does not comply with the corresponding provisions of the Patent Law and its implementing regulations, and explain that according to the patent The patent application shall be rejected in accordance with the provisions of Article 44 of the Implementing Regulations of the Law.

6. Pre-examination and post-examination processing

Because it does not comply with the patent law and According to its implementation rules, if a patent application is rejected and the applicant is dissatisfied with the rejection decision, he or she may submit a reexamination request to the Patent Reexamination Board within the specified period.

According to the provisions of the "Patent Law Implementing Rules", The Patent Administration Department of the State Council Suspension of relevant procedures refers to the suspension of the preliminary examination, substantive examination, and reexamination procedures of patent applications, the procedures for granting patent rights and the procedures for invalidating patent rights; suspending the procedures for abandoning, changing, transferring patent rights, or patent application rights. . 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.