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Sang Trust Intellectual Property Classroom ④ | How to improve the authorization rate for pre-trial cases? (Attached is the authorization case

Release Time：

2023-06-21

Pre-trial case sharing-a kind of laminated circuit...

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How to improve the authorization rate of pre-trial cases?

01 Regarding form issues:

Patent attorneys need to conduct a detailed inspection of the case to ensure that the patent application documents have clear meaning, no ambiguity, typos, etc., and the instructions and drawings are clear and complete, and correspond to the specific implementation methods;

02Core points about technical solutions:

Fully communicate with the inventor to clarify the core points of the technical solution and the technical problems that the core points solve;

03About writing application documents:

Based on the understanding of the technical solutions, and on the premise of striving for a wider scope of protection, make a good layout of the patent so that the claims can be appropriately modified and adjusted during the pre-trial stage and the national intellectual property review stage;

04Communication regarding the patent application stage:

Maintain good communication with the examiner so that you can understand the meaning expressed in the examination opinion notice; so that you can quickly identify the core points of the technical solution and respond well to improve the authorization rate of pre-trial cases.

Pre-trial case sharing - a method and system for manufacturing laminated battery cells

This case was entrusted by a new energy intelligent equipment Co., Ltd. and needed to apply for a quick pre-trial in Changzhou City. After the attorney’s preliminary analysis of the case, the classification number fell within the scope of the case that the Changzhou Intellectual Property Protection Center can accept.

Writing stage

After the agent conducted search analysis and draft writing, and communicated with the applicant, the first draft of the application documents was finalized.

In order to pursue the maximum scope of protection and retain room for file modification, the core technical point is summarized at a higher level and written into the independent right, forming an independent claim 1 with a larger scope of protection; at the same time, another core technical point is written into the subordinate right. , and write the system class items corresponding to the method items.

Pre-trial stage

A notice of review opinion on the request for rapid pre-examination of the patent application was issued, holding that claim 1 does not possess inventive step and does not comply with the provisions of Article 22, paragraph 3, of the Patent Law, as follows:

After analysis by the attorney, it was believed that the above-mentioned review opinions failed to clearly compare claim 1 with reference document 1. After communicating with the applicant, it was decided to "make the active material area of the positive electrode piece smaller than that of the negative electrode piece." "The technical features are incorporated into claim 1, and opinions are stated. In the end, the Changzhou Intellectual Property Protection Center agreed with the content of the opinion statement and issued a notice of approval of the request for rapid pre-examination of the patent application, as follows:

Submission stage

At the stage of submission to the State Intellectual Property Office, the first notice of examination opinion was issued. After communicating with the examiner, the examiner believed that the scope of protection required by independent claim 1 was too broad, and the reference documents retrieved were detrimental to the inventive step of claim 1. Therefore, it is recommended that the original claim 3 be merged.

After passing the modifications and statement of opinions,in less than 2 months, the application was issued an authorization notice,as follows:

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