What to do if an invention patent is rejected for the first time
A reexamination request can be submitted to the Patent Reexamination Board within 3 months of receiving the rejection notice.
The Patent application was rejected → File a patent application review ( Within 3 months)→formal examination→preliminary examination of patent reexamination→Patent Reexamination Board examination→maintain the rejection decision or revoke the rejection decision→reject the judicial relief procedure
The patent reexamination procedure is a relief channel given to the applicant when a patent application is rejected. According to the provisions of Article 41 of the Patent Law, the Patent Reexamination Board accepts and examines reexamination requests and makes decisions. Reexamination request cases include cases in which a person is dissatisfied with the decision to reject a patent application in the preliminary examination and substantive examination procedures and requests for patent reexamination. Only the patent applicant has the right to initiate the patent reexamination procedure, and must submit it to the Patent Reexamination Committee of the State Intellectual Property Office within 3 months of receiving the rejection notice.
How to know that the substantive examination of an invention patent has been rejected
Country When the Patent Office of the Intellectual Property Office conducts a substantive examination of an invention patent application and finds that the application has the following circumstances, the application will be rejected:
(1) Application The subject matter of the application is not an invention;
(2) The subject matter of the application violates national laws, social ethics or harms public interests;
(3) The subject matter of the application belongs to a technical field in which patent rights are not granted;
(4) The subject matter of the application does not possess novelty or creativity or practicality;
(5) The subject matter of the application does not meet the requirement that "only one patent can be granted for the same invention and creation";
(6) The description of the application does not provide a clear and complete description of the invention; the claims of the application do not use the description as a basis to explain the scope of patent protection required;
(7) The subject matter of the application does not meet the unity requirements for invention patent applications;
(8) Modification of application documents or application for division It exceeds the scope recorded in the original description or claims.
What to do if the invention patent is rejected for the first time upon examination? When the invention patent is rejected upon examination, the parties may pass Legal weapons can be used to protect one's rights and interests, and active correction can help oneself. For more details on how to deal with rejections of invention patents in the first review, please consult a lawyer on the Legal Savior Network website.