1. What is the scope of patent opposition review
The patent application has been published since Within 3 months from the date of application, anyone can file an objection to the application with the Patent Office. The reasons for filing an objection are mainly limited to the following points:
(1) The subject matter of the patent application is not the object of protection by the patent law;
(2) The subject matter of the patent application violates the law, social ethics or harms public interests;
(3) The application is not novel property, creativity or practicality;
(4) The applicant has no right to apply for a patent;
(5) The description of the invention does not disclose the comprehensive content of the invention, or the claims are not based on the description;
(6) Amendment or division of the application exceeds the scope of the original application.
2. What is the time limit for patent opposition review
If the Patent Office decides to accept an opposition case, a copy of the objection letter shall be sent to the applicant. The applicant shall have 3 months from the date of receipt of a copy of the objection letter. Respond to objections within. If no reply is made within the time limit without justifiable reasons, the patent application will be deemed to have been withdrawn. During the objection review stage, the Patent Office must review whether the objection is established in accordance with the law.
If the objection is considered established, a decision can be made to reject the application. If the objection is deemed untenable, or no objection is raised during the objection review period, a decision will be made to grant the patent right. If the applicant is dissatisfied with the rejection decision, he may submit a reexamination application to the Patent Reexamination Board within 3 months from the date of receipt of the notice.
If the opponent is dissatisfied with the authorization decision, he cannot immediately request a reexamination. He can only request the Patent Reexamination Board to declare the patent right invalid after the patent right is obtained.
According to the provisions of Article 45 of the Patent Law, from the date when the patent administration department of the State Council announces the grant of a patent right, any unit or individual believes that the patent If the grant of patent rights does not comply with the relevant provisions of this Law, you may request the Patent Reexamination Board to declare the patent rights invalid.
The above is the answer given by the editor of Legal Savior Network on "What is the scope of patent objection review?" We can understand that the reasons for raising objections are mainly limited to the above few Click, hope it helps. If you have other questions, Legal Savior Network also provides professional lawyer online consultation services. You are welcome to have legal consultation again.