What is the probability of rejection of an invention patent in China?

The letter of instruction shall indicate the title of the invention, the name and address of the applicant, the name and address of the inventor and, if the priority is applied for, the application number and priority date of the country or region where the first application is filed. 3.A qualified Power of Attorney can be filed within two months of the filing date in China.

4.If the applicant in China is not the same as the applicant on the priority document, a certificate of assignment is also required, and if the certificate of assignment is a photocopy, it needs to be notarized. Both the certified priority document and the certificate of assignment of the right to apply (if necessary) can be submitted within three months after the filing date in China.

ii) If the priority of one year has expired....

The current figure is that the rate of post-refusal review authorization is 40%. The rejection of the patent should mainly depend on the patent itself, they are not proficient in the drafting of patent documents, it is best to find a first-class agency to apply, the patent issue is more complicated, especially the application for the invention due to the need for substantive examination, generally because of novelty and inventive reject, you can entrust the search agency to search, you can avoid these problems as much as possible.

The rejection clause reads as follows:

The term "preliminary examination" as used in Articles 34 and 40 of the Patent Law refers to the examination of whether the patent application has the documents specified in Articles 26 or 27 of the Patent Law and other necessary documents, whether these documents conform to the prescribed format, and examines the following items:

1) whether the application for a patent for invention clearly falls under the circumstances specified in Articles 5 and 25 of the Patent Law, whether it does not comply with the provisions of Articles 18, 19, 20, 1, 1, or 26 of the Patent Law, or the provisions of Article 2, paragraph 2, Article 26, paragraph 5, paragraph 1 of Article 31, Article 33 of the Patent Law, or Rules 17 to 21 of these Rules;

Rule 53 In accordance with the provisions of Article 38 of the Patent Law, the circumstances under which an application for a patent for invention shall be rejected after substantive examination refer to:

1) The application falls under the circumstances provided for in Articles 5 and 25 of the Patent Law, or the patent right cannot be obtained in accordance with Article 9 of the Patent Law;

2) the application does not comply with the provisions of Article 2(2), Article 20(1), Article 22, Article 26(3), (4) and (5), Rule 31(1) of the Patent Law or Rule 20(2) of the Patent Law;

3) the amendment of the application does not comply with the provisions of Article 33 of the Patent Law, or the divisional application does not comply with the provisions of Rule 43(1) of these Rules.

The former gratuitous man is invented.

Part of the improvement is practical.

It is the appearance that the table is beautiful.

The application materials are theoretical.

Drawings are attached.

The scope of protection should be appropriate.

The entrustment is subject to reconsideration.

Bi Jing's family has been interlaced.

Other similar checks and comparisons.

Rejections are often the same as for him.

The application for examination is also stated.

The real invention went well.

May you indeed have real innovation.

This is normal, and if the patent is rejected, it means that the patent is not compliant. Once you know where the rules are violating, make changes to the chiropractic. Then you can submit the application again, and as long as it passes the review, the patent can be successfully registered.

1. Fees for reexamination of rejection of invention patents.

The petitioner shall pay the reexamination fee within three months from the date of receipt of the refusal decision. Reexamination fee: 1,000 yuan for invention patent, 300 yuan for utility model patent, 300 yuan for design patent.

According to Article 41 of the Patent Law, if a patent applicant is dissatisfied with the decision of the patent administration department to reject the application, he may apply to the Patent Reexamination Board for reexamination within three months from the date of receipt of the notice.

Decisions of refusal that can be appealed include decisions rejecting a patent application in the preliminary examination and substantive examination procedures. If the request does not file a request for reexamination against the rejection decision made by the Patent Office, the request for reexamination will not be accepted.

After the invention patent application is rejected, it is possible to apply for a reexamination, and the cost of the specific reexamination will not be very high, but it will take a certain amount of time, and the parties should be able to be patient.

2. How much is the official fee for patent rejection review?

1. When applying for patent entrustment, the applicant needs to pay the first fee and official fee.

2. The amount of the ** fee shall be determined by the applicant and the ** institution after consultation according to the difficulty and workload of the technical field to which the application belongs.

3. The official fee is the fee paid to the State Intellectual Property Office. The first official fee includes the application fee and the examination fee for the invention application, and the amount (RMB) is: 950 yuan for the application fee for invention patent (including 50 yuan for printing); The application fee for utility model patent is 500 yuan;

4. The application fee for design patent is 500 yuan; The examination fee for the invention application is 2,500 yuan.

5. In order to obtain and maintain a patent, the applicant also needs to pay the patent annuity fee and other fees to the patent office within a number of years after the application.

6. The Patent Office may reduce certain fees (application fee, examination fee for invention application, maintenance fee for invention application, reexamination fee and annual fee for three years after grant) for applicants who are in real difficulty. If the applicant is a unit, the above fee can be reduced by 70 (60% of the reexamination fee), and if the applicant is an individual, the above fee can be reduced by 85 (80% of the reexamination fee).

The Patent Office of the State Intellectual Property Office will reject the application if it finds that the application has the following circumstances during the substantive examination of the invention patent application:

1) the subject matter of the application is not an invention; Bend source.

2) The subject matter of the application violates national laws, social morality or obstructs the public interest;

3) the subject matter of the application belongs to a technical field for which no patent has been granted;

4) The subject matter of the application is not novel, creative or practical;

5) the subject matter of the application does not comply with the requirement that "only one patent can be granted for the same invention";

6) The description of the application does not give a clear and complete description of the invention-creation; The claims of the application do not use the description as the basis to indicate the scope of the claimed patent protection;

7) the subject matter of the application does not meet the requirements for the unity of invention patent application;

8) The application for amendment of the application documents or the application for division exceeds the scope of the original description or claims.

Article 22 of the Patent Law of the People's Republic of China stipulates that inventions and utility models for which a patent right is granted shall be novel, inventive and practical.

Novelty means that the invention or utility model does not belong to the prior art; Nor has any unit or individual filed an application for the same invention or utility model with the patent administration department before the filing date, and recorded in the patent application documents or published patent documents published after the application date.

Inventive step refers to the fact that the invention has outstanding substantive features and significant progress compared with the prior art, and the utility model has substantial features and progress.

Utility means that the invention or utility model can be manufactured or used and can produce positive effects.

For the purposes of this Law, the term "prior art" refers to technology that was known to the public at home and abroad before the filing date.

The application does not conform to the provisions of Article 2, Paragraph 1 of the Detailed Rules for the Implementation of the Patent Law of the People's Republic of China on invention.

The application is an invention or creation that violates national laws, social morality or obstructs the public interest as stipulated in Article 5 of the Patent Law of the People's Republic of China; or it falls under the norm of non-grant of patent rights as stipulated in Article 25 of the Patent Law of the People's Republic of China; or does not comply with the novelty stipulated in Article 22 of the Patent Law of the People's Republic of China and Article 12, Paragraph 1 of the Detailed Rules for the Implementation of the Patent Law.

The application does not comply with the provisions of Article 26, Paragraphs 3 and 4 of the Patent Law of the People's Republic of China, and does not provide a description or claim that meets the requirements of the Patent Law; or does not meet the requirements of the principle of one invention and one patent as stipulated in Article 31, Paragraph 1 of the Patent Law of the People's Republic of China;

The application for amendment of the application or the application for the scheme exceeds the scope of the original description and claims.

Legal analysis: 1. The application does not comply with the provisions of Article 2, Paragraph 1 of the Detailed Rules for the Implementation of the Patent Law;

2. The application for remodeling falls under the provisions of Articles 5 and 25 of the Patent Law, or does not comply with the provisions of Article 22 of the Patent Law, Paragraph 1 of Article 13, Paragraph 1 of Article 20 and Paragraph 2 of Article 21 of the Detailed Rules for the Implementation of the Patent Law, or cannot obtain a patent right in accordance with Article 9 of the Patent Law.

Legal basis: Patent Law of the People's Republic of China

Article 5 No patent shall be granted for inventions and creations that violate national laws or social norms or impede the public interest;

Rule 25 No patent shall be granted for the following items: 1) scientific discoveries; 2) rules and methods of intellectual activity; 3) the diagnosis and method of the disease; 4) plant and animal varieties ("patentable for the method of production of their products"); 5) substances obtained by the nuclear transformation method;

Article 22 Inventions and utility models for which a patent right has been granted shall be novel, inventive and practical;

1. The application does not comply with the provisions of Article 2, Paragraph 1 of the Detailed Rules for the Implementation of the Patent Law; The application falls under the provisions of Articles 5 and 25 of the Patent Law, or does not comply with the provisions of Article 22 of the Patent Law, Paragraph 1 of Article 13, Paragraph 1 of Article 20 and Paragraph 2 of Article 21 of the Detailed Rules for the Implementation of the Patent Law, or cannot obtain a patent right in accordance with Article 9 of the Patent Law. Legal basis: Article 5 of the Patent Law of the People's Republic of China shall not grant a patent for inventions and creations that violate national laws, social morality or obstruct the public interest; Rule 25 No patent shall be granted for the following items:

1) scientific discoveries; 2) the rules and methods of intellectual activity in the spring movement of orange town; 3) the diagnosis and method of the disease; 4) plant and animal varieties ("patentable for the method of production of their products"); 5) substances obtained by the nuclear transformation method; Rule 22 Inventions and utility models for which a patent right is granted shall be novel, inventive and practical;