How to remedy any objection to the conclusion of the Patent Evaluation Report?

When the patentee (interested party) receives the Patent Evaluation Report issued by the State Intellectual Property Office and has objections to the conclusion that it "does not meet the conditions for granting a patent as stipulated in the Patent Law and its implementation rules", how can it be remedied? The correction of the patent evaluation report in Chapter 10, Part 5 of the Examination Guidelines provides for the remedy: if the applicant believes that there are errors in the patent evaluation report that need to be corrected, the applicant may submit a request for correction (to the State Intellectual Property Office) within two months after receiving the patent evaluation report.

Therefore, the applicant may request correction within the prescribed time, stating the content to be corrected and the reason for the correction. The department of the patent right evaluation report shall set up a review team to review the original patent right evaluation report and make a review conclusion.

In addition, the Patent Evaluation Report is not an administrative decision, but can only be used as a "form of evidence" as a reference, and in the final analysis, it is only "referenced" and not "mandatory", and the Patent Evaluation Report made by the State Intellectual Property Office (including the conclusion after the request for correction and review) does not have the effect of directly denying the grant of the patent; For a meaningful patent grant, even if a non-objective conclusion is reached in the Patent Evaluation Report, its patent value cannot be negated.

You can file a lawsuit with the People's Court of Haidian District, Beijing.

You may apply for correction of the evaluation report, and if there is a mistake in the patent office, it shall be corrected. Because the patent evaluation report is only used as reference information, not an administrative decision, and has no legal effect, it cannot be requested for review or lawsuit.

Correction of the evaluation report may be requested.

If you are not satisfied with the conclusion of the patent evaluation report, you can file a lawsuit with the court. Article 41 of the Licensed Patent Law stipulates that if a patent applicant is dissatisfied with the reexamination decision of the Patent Reexamination Board, he may file a lawsuit with the people's court within three months from the date of receipt of the notice.

The Patent Reexamination Board shall make a decision on the reexamination after examination. There are two main types of reexamination decisions, one is to revoke the original rejection decision. The patent application will be restored to the state before the decision of rejection was made, and the patent administration department will continue to conduct the examination procedure.

The other is to uphold the original decision of refusal. In this case, if the patent applicant is dissatisfied with the decision of the Patent Reexamination Board to uphold the original rejection, he or she may enter the subsequent judicial relief procedure within the statutory time limit. According to the second paragraph of Article 41 of the Patent Law, if a patent applicant is dissatisfied with the reexamination decision made by the Patent Reexamination Board, he may file a lawsuit with the people's court within three months from the date of receipt of the notice.

If the patent applicant fails to file a lawsuit within the prescribed time limit, the reexamination decision shall take effect. If the patent applicant files a lawsuit with the court, it shall be accepted by the Beijing No. 1 Intermediate People's Court in accordance with the relevant provisions on the jurisdiction of the court. In accordance with the law, the Patent Reexamination Board participates in the proceedings as a defendant.

Procedures for applying for patent reexaminationAccording to Article 41 of the Patent Law, the Patent Reexamination Board accepts and examines the request for reexamination and makes a decision. Requests for reexamination include cases in which a patent application is delayed due to a request for a patent application due to a dissatisfaction with the decision to reject a patent application in the preliminary examination and substantive examination procedures. Only the patent applicant has the right to initiate the patent reexamination procedure, and must file it with the Patent Reexamination Board of the State Intellectual Property Office within three months of receiving the notice of refusal.

Time for the commencement of the patent reexamination procedure: There is a certain time limit for the commencement of the patent reexamination procedure, and the patent applicant can decide whether to request a reexamination within 3 months after receiving the notice of rejection of the patent application. The subject of the reexamination procedure is the patent applicant, and only the patent applicant is qualified to file a request for reexamination, and no other unit or individual has the right to initiate the reexamination procedure.

If a party is dissatisfied with the conclusion of the patent evaluation report, it may directly file a litigation application with the court. The time limit given in the Patent Law is three months to file a lawsuit with the people's court, and if the party files a lawsuit beyond this time, the decision of the reexamination will automatically take effect.

The patent evaluation report is not an administrative decision, so the patentee or interested party cannot file an administrative reconsideration or administrative lawsuit in this regard. However, if there is an error in the patent evaluation report, the imitation department that made the patent evaluation report may correct the draft after discovering that there is an error in the patent evaluation report. If the requester believes that there are errors in the patent evaluation report that need to be corrected, he may request correction.

The corrected patent evaluation report shall be sent to the requester in a timely manner.

Detailed Rules for the Implementation of the Patent Law of the People's Republic of China

Article 56 After the announcement of the decision to grant a patent for utility model or design, the patentee or interested party may request the patent administration department to make a patent evaluation report. Where a request is made for a patent evaluation report, a request for a patent evaluation report shall be submitted, indicating the patent number. Each request shall be limited to one patent right.

If the request for a patent evaluation report does not comply with the provisions, the patent administration department shall notify the applicant to supplement and correct it within the specified time limit; Where the requester fails to supplement and correct it at the end of the time period, it is deemed that the request has not been submitted.

1. What is patent valuation?

Patent appraisal is the act of confirming, valuing and reporting patent rights according to a specific purpose, following fair and statutory standards and procedures, and using appropriate methods to provide a value scale for asset business.

2. Considerations for patent evaluation.

1) The completeness of ownership, that is, the completeness of the ownership of the patent owned by the patentee or the client. The more complete the ownership, the greater the value it embodies.

2) the degree of protection of the law, including two aspects, the state in which the patent is located and the integrity of the claims. The state of the patent refers to the state of the technology in Sun Tanxiao's patent application, whether it is in the preliminary examination stage, the substantive examination stage or the patent certificate stage, and the later the stage, the greater its value. The type of patent has different degrees of protection, and invention patents are less likely to be plagiarized or revoked after obtaining the patent certificate because they have passed the substantive examination.

Compared with the other two types of patents, its value is relatively high, because it has a higher technical content, a longer application period, and a greater risk borne by the right holder. The completeness of the claims refers to the scope of the patent that needs to be protected in the claims of the patent application, and also reflects the quality of the claims. Some claims are incomplete and only protect part of the patentee's rights.

3) The remaining service life is generally determined by the method of the shorter of the economic life of the patented technology and the legal service life, and the longer the service life, the greater its value.

Handling method 1) Handling in accordance with the regulations.

If the formalities for requesting a patent evaluation report comply with the provisions, or if the requirements are met after supplementation and correction, the examiner of the legal formalities shall notify the search department designated by the Patent Office in the system. Information about the recipient shall be collected when the recipient described in this chapter (8) is not the default first-order recipient of the system.

2) Handling of non-compliance with procedures.

If the request fee for the patent evaluation report is not paid or paid in full during the examination of the request for a patent evaluation report, the fee shall be treated as equal and a time limit shall be established. If the request fee for the patent evaluation report is paid within the time limit, the document shall be examined;

If the fee for the request for a patent evaluation report has not been paid or paid in full one month after the expiration of the payment period, a notice shall be deemed not to have been filed. If there are other deficiencies in the request for patent evaluation report, they should be pointed out together.

If the party concerned only pays the fee for the request for the patent evaluation report, a period of one month shall be established from the date of payment. If the applicant fails to submit a request for a patent evaluation report within the time limit, a special letter for examination shall be issued one month after the expiration of the time limit, reminding the parties concerned to submit a request for a patent evaluation report after going through the formalities for the patent evaluation report, and if they do not go through the formalities, they may request a refund.

If the request for a patent evaluation report does not comply with one of the provisions of this Chapter to (8), or other documents do not comply with the provisions of this Chapter, a notice of correction shall be issued, and the specified time limit for correction shall be 15 days. If the recipient's name or address details are missing, indicate them as well.

If the request for a patent evaluation report does not comply with one of the provisions of this chapter to (5), or if it fails to make corrections within the specified time limit or does not comply with the requirements, it shall be deemed that a notice of failure to file shall be issued.

If you still have any questions, you can feel free to ask me and answer your questions wholeheartedly.

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Call the State Intellectual Property Office to inquire. There is currently no query system. **On the State Intellectual Property Office**.

The patent evaluation report is not an administrative decision and has no mandatory effect, so if you are not satisfied with the patent evaluation report, you cannot file an administrative reconsideration or administrative lawsuit. The patent right evaluation report is only used as evidence for the people's court or the patent administration department to hear and handle patent infringement disputes, and the key is to see how the court or patent department determines the evidence.

Answer: a

The patentee (part of the patentee) or the interested party submits a request to the Patent Office of the State Intellectual Property Office for the issuance of a patent evaluation report.

Patent right appraisal is the act of confirming, valuing, and reporting patent rights according to a specific purpose, following fair and statutory standards and procedures, and using appropriate methods, so as to provide a value scale for asset business.

Chinese name. Patent evaluation.

According to. Specific Purposes.

Wield. Appropriate approach.

Offer. Value scale behavior.

Fast. Navigation.

Increased patent rights.

Basic overview. Explanation of terms.

"Patent author" means the exclusive interest and power. Such a vast resource of information is far from being fully utilized. In fact, for business organizations, patents are the only place where certain critical information between the competitors of the enterprise must not be disclosed to the public and will not be disclosed elsewhere.

Therefore, the analyst of enterprise competitive intelligence, through meticulous, rigorous, comprehensive and relevant analysis, can obtain a large amount of useful information from the patent literature, so that the public's patent information can be used by the enterprise, so as to realize its unique economic value.

Conception. Patent right appraisal is the act of confirming, valuing, and reporting patent rights according to a specific purpose, following fair and statutory standards and procedures, and using appropriate methods, so as to provide a value scale for asset business. As an important intellectual property right of an enterprise, patent right evaluation is a type of intangible asset valuation.

1] Meaning. A patent is an invention or invention protected by legal norms, which refers to the exclusive right to enjoy within a specified period of time granted to the patent applicant after an invention-creation is applied for a patent to the state examination and approval authority, and after passing the examination in accordance with the law.