Will there be abnormal applications during patent substantive examination?

Inventions and creations are worthy of encouragement. If something is invented, you must apply for a patent. You must understand clearly the occurrence and specific process of the application. After all, the most arduous process has been gone through, and the final process still needs to be completed. So, will there be any abnormal applications during the examination by the Patent Office? Below, the editor of Legal Savior Network will bring you relevant knowledge, I hope it will be helpful to you.

Will there be abnormal applications during patent substantive examination

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Patent application qualifications and restrictions

1. Time priority

China adopts the first-to-file principle: for the same product technology, you must first submit a patent application to obtain patent rights!

2. Basic restrictions

Novelty There is no identical invention before the filing date

Creativity has substantial characteristics and progress compared with existing technology

Practical products can be made or used to produce positive effects

3. Applicant population

Start-ups, students, teachers, researchers, designers, chefs, etc., everyone can apply

4. Regional restrictions

The protection scope of Chinese patent applications is only in the mainland. You can apply for Taiwan, Hong Kong, and international patents

How to judge abnormal application

1. Abnormal series of applications should refer to applicants who know or should know that they can combine the cases but apply separately.

Judging from the recently circulated judgment standards of the Patent Office, one of the situations is as follows:

Compared with the two cases filed on the same day, there are only simple differences in features, which can be easily inferred from one of the plans. Another solution;

That is: A is a characteristic of B Simple replacement, or simple feature addition.

Similarly, it can be inferred that some simple features have been added , or just as a subordinate concept, they apply separately, and they also deliberately obtain more certificates, which is also an abnormal series of applications.

2. How to solve the problem without judging creativity Determine "singleness", "can be combined" or "should be combined"

First of all, it can be considered that the applicant believes that both independent rights are creative (otherwise he would not write the claim in this way),

He knows that the two powers are almost the same, or he knows that one can easily infer the other,

Then he should know that the two rights have the same or corresponding distinguishing characteristics because:

Let A be a feature subset of B, or for this The feature subset has undergone simple feature replacement,

If If A includes distinguishing features, then B must also include them

Or in two cases:

1. Item A has the same characteristics as item B. They are strictly corresponding and have several different characteristics;

2. A has fewer features, while B has added features based on A. Or the characteristics corresponding to A have been modified a few times.

Then, there must be distinguishing features in A, and in B There will also be corresponding distinguishing features (of course there are other distinguishing features in B).

So, the two have common or corresponding differences characteristics, so the two have unity.

So, he should know that these two cases have a single Sex;

That is: others can infer that "the applicant should know that the two cases are unique",

It can be inferred that "the applicant should apply together", "he deliberately divided the case", "this is abnormal Series Application”.

The above is the relevant legal knowledge. Abnormal applications will occur in patent applications, and the Patent Office will screen out qualified patent applications based on specific review systems and procedures; correspondingly, abnormal patent applications will be returned. Therefore, patent applicants must consciously master the basic requirements for patent office review. If your situation is more complex and you have other related questions, you are welcome to consult a lawyer on the Legal Savior Network.