On the road to the innovation race, patents are like a talisman, which can protect your wisdom from being easily infringed. But what if one day you find out that your hard-won patent application has been rejected?Don't worry, there's also the trick of review. It's not just an opportunity, it's another gorgeous turn for you to dance with the new knowledge. In order to help inventors better protect their patent rights, I will share with you 10 tricks today, so that you can succeed on the road of patent reexamination step by step.
First of all, let's briefly understand what is patent reexamination. To put it simply, when your invention patent application is rejected by the CNIPA, you do not need to give it up, you can file an application with the Patent Reexamination Board of the CNIPA to request that your patent application be re-examined. So, how do you get ahead of the curve in this battle of wisdom?Come on, come on, quickly get this review book!
Find out why:First of all, you need to carefully read the notice of refusal to find out why the patent application was refused. Knowing oneself and knowing one's opponent will not be defeated in a hundred battles, and only by finding the reason can we have a target.
Gather Evidence:During the review process, you will need to gather various pieces of evidence that can support your application, such as data, literature, expert testimonials, etc.
Modify Policy:It is important to see whether the technical features are inappropriately described or the claims are not clearly defined, and it is important to make appropriate amendments to the application in response to the refusal.
Ask a professional lawyer:The reexamination process is a systematic and professional exercise, and it would be wise to recruit a professional patent attorney.
Submit a request for review:After you have made your preparations, submit a request for review to the Review Committee, remembering that the time limit should not exceed the specified time.
Match the court:There will be an enforcement hearing process for the reexamination, and you will need to clearly state your point of view and show the true value of your patent application.
Rational Communication:Communicate effectively with the reexamination examiner, with clear logic and full demonstration that your patent meets the statutory requirements.
Evaluation Expert Opinion:If there are experts who have given a positive assessment of your patent, you may wish to use these as a strong support.
Adjust your mindset:The review process can be lengthy, so you need to be patient, stay positive, and believe in the justice of the law.
Prepare for a possible second trial:Even if the review fails, you can still consider filing an administrative lawsuit with the court, so be prepared for war.
Although the article is long, I hope it will be helpful to all innovators. Remember, the world will always welcome you to stick to your dreams!If you want to know more exciting content, please follow me and explore the mysteries of intellectual property together!Patents have a long way to go, let's go together.