1. Will the time limit for patent correction and reply be increased by 15 days?
The time limit for patent correction is determined by the notice of correction. If the receipt of the notice of correction is calculated presumptively, the date of presumed receipt is the date when the patent office issues the document (this date is recorded in the notice and decision above), so the response period is the notification time plus 15 days.
"Patent Examination Guide"
2. Calculation of time limit
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2.1 Starting date of the period
(1) From the application date, priority date, and authorization announcement Most statutory deadlines are calculated from fixed dates such as the filing date, priority date, and authorization announcement date. For example, the term of patent rights stipulated in Article 42 of the Patent Law is calculated from the date of application. Paragraph 1 of Article 29 of the Patent Law stipulates that an invention or utility model patent application claiming foreign priority must be filed within twelve months. The starting date of this period is the date when the patent application is first filed in the foreign country (priority day).
(2) Calculated from the date of presumed receipt of the notice and decision
All specified The time limit and certain statutory periods are calculated from the date of presumed receipt of the notification and decision. For example, the time limit for the examiner to designate the applicant to state his opinions or amend his application (the designated time limit) in accordance with the provisions of Article 37 of the Patent Law is calculated from the date when the applicant receives the notice of examination opinion; the Patent Law Implementing Rules Article The time limit for applicants to handle registration procedures (statutory time limit) stipulated in Paragraph 1 of Article 54 is calculated from the date on which the applicant receives the notification of the grant of patent right.
The presumed date of receipt is fifteen days from the date the patent office issues the document (this date is recorded on the notification and decision). For example, the Patent Office issued on July 4, 2001The presumed date of receipt of the notice is July 19, 2001.
2. What application documents should be submitted for patent application
When applying for an invention patent, the application documents should include: invention patent request, description (if the description has drawings, the description and drawings must be submitted), claims , abstract (with abstract and accompanying drawings if necessary) and other documents.
For an invention patent application involving an amino acid or nucleotide sequence, the sequence listing should be included in the description, and the sequence listing should be submitted as a separate part of the description. At the same time, a copy of the sequence listing in computer-readable form that complies with the regulations of the State Intellectual Property Office should be submitted.
When applying for a utility model patent, the application documents should include: utility model patent request, description, description drawings, claims, abstract and drawings, etc. document.
When applying for a design patent, the application documents should include: a design patent request, pictures or photos, and a brief description of the design. If color protection is required, color pictures or photos should also be submitted. Orthographic views of the same design of the same product should be made using the same expression method, that is, they should all be drawing views or all rendering views or all photo views. Mixing of different expression methods is not allowed.
The above knowledge is the editor’s answer to relevant legal issues. The period of patent correction is determined by the notice of correction. If the notice of correction is received, it is calculated presumptively. The presumed receipt date is fifteen days from the date the patent office issues the document (this date is recorded on the notification and decision), so the response period is the notification time plus 15 days. If you need legal help, readers can go to the Legal Savior Network for consultation. The Legal Savior Network has professional lawyers to answer your questions.
