What is the specific method for patent substantive examination opinion
After the invention patent application enters the substantive examination process, the examiner In the first notice of examination action, three concluding opinions are usually given,
One is to only point out formal errors in the application documents. If the applicant makes modifications in accordance with the examiner's opinions or suggestions, authorization is expected;
The second is to query the novelty or inventiveness of the patent application document and request application by citing comparative documents. The person states the reasons why the patent application can be granted, otherwise the patent right will not be granted;
Third, the examiner believes that the patent application does not have substantive content that can be granted patent rights. If the applicant fails to state the reasons or the stated reasons are insufficient, the application will be rejected.
"Feature comparison" method
The "feature comparison" method has been widely used and recognized in patent infringement litigation. However, in the substantive examination procedure, there are few articles discussing whether and how to use the "characteristic comparison" method. Due to the extraordinary nature of patent examination procedures and examination standards, it is also necessary to carefully study and explore how to apply the "feature comparison" method to the patent substantive examination process.
Steps to write a statement of opinion using the "feature comparison" method
With the help of the format for writing independent claims of method inventions, the steps of writing a statement of opinion using the "feature comparison" method are introduced:
First of all, clearly state that the applicant disagrees with the applicant's opinion;
Summarize the key points of the examiner’s review opinions and list them one by one;
List the publication number (or publication) and publication date of the comparison document
Compare the technical features 1 of the patent application claims with those disclosed in Documents 1 and 2 List the technical characteristics, create a table accordingly, and fill in the technical characteristics accordingly;
Use the table to compare and explain which technical features of claim 1 of the patent application are the same as the reference documents, which features are different from the reference documents, and what are the reasons for the difference.
The above is the relevant knowledge compiled by the editor for everyone. If you are in a different situation Complex, Legal Savior Network also provides online lawyer consultation services, and you are welcome to have legal consultation.
