Will a patent application be granted?

If the description fails to provide clear, complete and operational explanations and descriptions, especially if the description of the specific implementation of the invention is vague and unclear, so that technical experts familiar with the field cannot realize the innovative results, then this kind of Circumstances may also result in the application being rejected. Similarly, if the technical features described in the description are not supported by the claims, the latter cannot be argued according to law. Next, the editor of Legal Savior Network has compiled some relevant knowledge for your reference. Let’s take a look at the content.

1. Will the patent be authorized after application?

The complete situation depends on the specific situation. It varies from case to case and is not inevitable.

When any of the following situations occurs, the application will often be rejected: First, if the subject matter of the application is not covered by the patent law An invention in the true sense - that is to say, this so-called invention does not actually exist; secondly, if the substantive content of the invention application violates international regulations and public moral standards, or even causes harm to the public interest; thirdly, if An invention application belongs to a category that has been deemed not to be granted patent rights by the decision of the patent authority - such as scientific research results, rules and methods of intellectual activities, diagnosis and treatment methods of diseases, animal or plant varieties, and atomic nuclear transformation. method; then, when the subject matter of the application lacks novelty, inventiveness or practicality; then, if the invention application fails to meet the requirements of unity, that is, the subject matter is too complicated and the plausibility cannot be combined The subject matter is simply classified into one category; in addition, when the same invention subject matter is independently applied for patent by two or more people, the applicant does not become the first person to submit the application; there is also a situation where the description of the invention in the specification The project fails to provide a clear and complete description so that experts in the field cannot realize the invention in actual operation; if the description of the claim is not detailed and precise enough, then it is also difficult to meet the review standards and may therefore be deemed not to meet actual needs.

Article 41 of the Patent Law of the People's Republic of China

If a patent applicant is dissatisfied with the decision of the Patent Administration Department of the State Council to reject the application, he may request a review from the Patent Administration Department of the State Council within three months from the date of receipt of the notice. After review, the patent administration department of the State Council will make a decisionshall be determined and the patent applicant shall be notified.

If a patent applicant is dissatisfied with the reexamination decision of the Patent Administration Department of the State Council, he may file a lawsuit with the People's Court within three months from the date of receipt of the notice.

2. Is there a patent for making the instruction manual into a QR code?

The technology of converting product instructions into QR codes is not sufficient to constitute a patent on its own. The reason is that QR codes, as an existing and widely accepted encoding format, cannot be regarded as new. inventions and innovations.

If during this process, the user adopts a unique technical path or innovative application strategy, then this method or application strategy will It is possible to meet the conditions for a patent.