How to respond to a notification of substantive office action issued by the Patent Office

The state supports and encourages scientific and technological innovation, and patent examiners, on the contrary, find out how to set up obstacles to affect patent approval.

Numerous Examiners Fabricate Facts: Comparative Document 1 (US 2018 0199243

a1) the unachievable outer diameter of the spring is equal to the specific embodiment.

Why do the examiners always go against scientific common sense, insist on erroneous rejections, and do not change their motives so far?

Patent application No. 2016103139119 After five years of substantive examination, reexamination, and litigation, the examiner deliberately fabricated the so-called specific embodiments that did not exist in comparison document 1 out of nothing. Because, assuming that the outer diameter of the densely wound spring 23 is equal to 0 25mm, and the inner diameter of the densely wound spring wound by the top filament diameter of 0 1mm is only 0 05mm, it is obvious that the fine hole of the densely wound spring that is smaller than the diameter of the hair cannot ensure that the neutral ink with higher thixotropic viscosity flows smoothly in the densely wound spring hole, and the ink flow rate of this special large-diameter ballball pen tip that is larger than becomes less, and the stitch becomes faint and broken when the pen nib is written, and the opposite teaching that the invention cannot be realized is directly given.

Comparison file 1 adopts a jackscrew structure with a reserved length greater than the radius of the ball seat. The technical scheme of the extremely shortened (ultra-short) jacking wire stable anti-polarization structure (i.e., the length of the jacking wire of the present application is less than the radius of the ball seat) is not disclosed; Comparison document 1 can not solve the same technical problem as the needle tube spring nib of the present application, "to prevent the tip end of the top wire from squeezing between the ball and the gap between the ball and the ball seat"; Comparison document 1 cannot achieve the same technical effect as the present application: "simple structure, reliable performance, convenient for pen nib matching and assembly, short and accurate positioning of the top wire in the tube hole, smooth ball rotation and ink circulation".

The elastic full needle tube ballpoint pen nib is based on the urgent needs of the key core technology of the international leading and independent innovation scientific and technological research in the field. Chenguang Stationery's invention patent CN102848793B background technology describes: "Since the needle tube type nib is so popular, why has the needle tube spring pen nib not been invented after the advent of the ordinary spring pen nib".

Because the present invention technology is mature, practical and reliable, many ballpoint pen manufacturers hope to adopt the product upgrade by leaps and bounds after the confirmation of rights, and improve the scientific and technological level of China's ballpoint pen manufacturing country to become a creative power.

1. If the patent administration department still considers that the application for invention patent does not comply with the provisions of this Law after the applicant has stated its opinions or made amendments, it shall reject it. The notice of reasons for examination of invention patents and the statement of opinions on the notice of reasons for examination of invention patents are important links in the process of substantive examination of invention patents. 2. The statement of opinion in reply to the notice of reasons for reasons for office should avoid only quoting the relevant legal provisions of the Patent Law and its implementation rules without a targeted reply.

When the applicant replies to the notice of reasons for refusal, he or she should first verify the comparative documents cited therein, find out the doubtful points in the process, and make a reasonable and well-founded statement in the opinion statement from the perspectives of the technical field, technical solution, technical problems and technical effects in combination with the actual facts of the case when questioning the determination of facts, common sense and the combined enlightenment of the comparative documents.

Legal basis: Patent Law

Rule 37 If the patent administration department finds that it does not comply with the provisions of this Law after conducting a substantive examination of an application for a patent for invention, it shall notify the applicant and require it to state its opinions within the specified time limit or revise the application; If the application is not answered within the time limit without justifiable reasons, the application shall be deemed to be withdrawn.

Article 38 Where an application for a patent for invention is still considered by the patent administration department to be inconsistent with the provisions of this Law after the applicant has stated its opinions or made amendments, it shall reject it.

When the applicant replies to the notice of reasons for refusal, he or she should first verify the comparative documents cited therein, find out the doubtful points in the process, and make a reasonable and well-founded statement in the opinion statement from the perspectives of the technical field, technical solution, technical problems and technical effects in combination with the actual facts of the case when questioning the determination of facts, common sense and the combined enlightenment of the comparative documents.

1. What are the circumstances under which amendment of a patent application is not allowed?

Amendment of a patent application is not allowed

1. Write some technical features of the patent that cannot be directly determined from the original description and/or claims into the claims and/or description;

2. In order to make the disclosed invention clear or the claims complete, supplement the information that cannot be directly derived from the original description or claims, nor can it be directly obtained from the common sense of those skilled in the technical field;

3. The added content is the technical characteristics of the dimensional parameters obtained by measuring the drawings;

4. The introduction of additional components not mentioned in the original patent application documents, resulting in no special effect in the original application;

5. A person skilled in the technical field cannot directly derive beneficial effects from the original application.

2. How to apply for intellectual property rights?

Where an application is made for a patent for invention or utility model, a written request, a description and its abstract and claims shall be submitted. To apply for a patent, you need to prepare a description, claims, and abstract. The description is a detailed description of the patented technology, and the claims summarize the scope of the technical solution to be protected, and the abstract is a brief description, and there is no need to make a physical object.

**It can also be hand-drawn, as long as it is clear, and it does not need to be drawn according to the cartographic standard. Then go to the State Intellectual Property Office to fill out a patent application request. Take these materials to the Patent Office of the State Intellectual Property Office to apply; or mail it to the Patent Office of the State Intellectual Property Office; Or go to the representative offices of the State Intellectual Property Office in various places to apply.

Waiting for various notifications issued by the Patent Office of the State Intellectual Property Office, and replying to the notification of reasons for refusal.

3. What does it mean to have illegal construction?

It refers to the use of satellite remote sensing technology by the land supervision department to obtain images of the land use within the supervised land within a certain period of time, combined with GIS technology, etc., to the supervised land with certain rules for zoning numbering, and this number is generally called "map spots". After a period of time, satellite remote sensing technology is used to obtain satellite images, and the changes in land use can be known by comparing all the patches before and after. The illegal construction is the illegal construction of the map.

Article 37 of the Patent Law of the People's Republic of China*** If the patent administration department finds that it does not comply with the provisions of this Law after conducting a substantive examination of an application for a patent for invention, it shall notify the applicant and require it to state its opinions within the specified time limit or revise the application; If the application is not answered within the time limit without justifiable reasons, the application shall be deemed to be withdrawn.

When the applicant replies to the notice of reasons for refusal, he or she should first verify the comparative documents cited therein, find out the doubtful points in the process, and make a reasonable and well-founded statement in the opinion statement from the perspectives of the technical field, technical solution, technical problems and technical effects in combination with the actual facts of the case when questioning the determination of facts, common sense and the combined enlightenment of the comparative documents. Legal basis: Article 37 of the Patent Law of the People's Republic of China After conducting a substantive examination of an application for a patent for invention, if it finds that it does not comply with the provisions of this Law, it shall notify the applicant and require it to state its opinions within the specified time limit or amend the application; If the application is not answered within the time limit without justifiable reasons, the application shall be deemed to be withdrawn.

Legal analysis: When the applicant replies to the notice of reasons for refusal, he or she should first verify the comparative documents cited therein, find out the doubts in the process, and make a reasonable and evidence-based statement in the opinion statement from the perspectives of technical field, technical solution, technical problems and technical effects in combination with the actual circumstances of the case.

Legal basis: Article 37 of the Patent Law of the People's Republic of China After conducting a substantive examination of an application for a patent for invention, if it finds that it does not comply with the provisions of this Law, it shall notify the applicant and require it to state its opinions within the specified time limit or amend the application; If the application is not answered within the time limit without justifiable reasons, the application shall be deemed to be withdrawn.

1. Specific analysis and careful comparison.

Some office actions are undoubtedly correct, but it cannot be ruled out that the examination time is tight and the examiner gives a basic refusal and asks the applicant to explain in detail, which will be made clear at the time of the retrial that there are similar situations in the foreign office action. Another situation is that today's knowledge is swelling and the classifications are becoming more and more detailed.

Evaluators may not have sufficient knowledge of the specifics of this area and may make vague assessments that are concrete or abstract. If this situation proves to be false, it must be carefully compared and efforts must be made in the best interests of the applicant.

2.Understand the material differences in your technical options and analyze the unexpected technical impact of those differences.

1) For valuable evaluation opinions, due to the limited knowledge and experience of ** people, many situations appear to be the same at first glance, and it is difficult to distinguish substantive differences. Next, we should actively cooperate with the inventor, let him understand the relevant rules, build trust, motivate and encourage the inventor to provide technical support, so that the first business can use the familiarity with laws and regulations and defense skills to produce a lot of rhetoric.

2) Due to the obvious similarity of the technologies, the fundamental differences between the technical solution and the prior art are rigorously analyzed, which is the key to obtaining the approval of the patent application.

3) In order to be significantly different from the prior art, appropriate modifications should be made if necessary to obtain a reasonable scope of protection.

4) In the fact sheet, technical information should be disclosed to the extent possible in order to provide substantial funding and response to the review and revision of the allegations.

5) Step by step, arguing according to reason. Initially, it was a gradual process when drafting the complaint, but when reviewing the merits of the case, all rights had to be upheld.

Ask what you want to answer. The examiners are all professionals, and the novelty, inventiveness, and practicality of the invention are clearly answered, so that the examiner feels that there is nothing to ask, which is conducive to the early conclusion of the examination.