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What factors determine whether a patent is granted or not?
Release Time：
2023-06-25
I believe that many customers are very concerned about "Can the patent be authorized?" in the process of patent application. There are many factors affecting whether a patent can be granted:
1. The technical solution itself
Some technical solutions themselves cannot be patented or patented.
In addition, the technical scheme itself directly affects the patent grant and patent value. Invention and utility model patent applications need to meet the novelty, creativity, practicality, only meet these conditions, it is possible to be authorized.
Novelty requires that the invention should have a novel technical solution and not be a simple combination of existing technologies. Creativity requires that the technical solution required to be protected by the invention has outstanding substantive characteristics and significant progress compared with the prior art. Utility requires that the patented invention can be manufactured or used and can have a positive effect. As a technical scheme of patent, it should not be something in the abstract thinking stage, but should have practical application significance, and can not be a pure theoretical research.
As an applicant, you need to grasp the technical plan, if the technical plan itself is not good, then the application is useless.
2. Technical background and field
Technical background and field are also factors that affect the granting of patents. In some technical fields, because of the high technical threshold, the difficulty of patent authorization is also greater. In addition, the granting of patents is also related to the competitive situation and market demand in the field.
3. The writing quality of patent documents
The quality of the patent document has a great influence on the patent grant. The application document must describe in detail the characteristics and usefulness of the invention and must comply with the requirements of the patent law. For example: 1, does the manual have a clear and complete description? Are embodiments appropriate? 2. Are the claims clear and brief? 3. Are the drawings accurate?
If the application document is not clear, complete or standardized, it may be rejected or amended, which may prolong the review time or affect the outcome of the authorization.
It is worth noting that in the face of the same technical plan, the quality of the patent documents written by different people is also different, the high level of your technical plan will be comprehensive and effective and a wide range of protection, the low level may be mashed up, and the case that could have been authorized can not be authorized to you, it is wrong, so, The applicant still chooses a reliable agency and a patent attorney with professional technology to represent the application.
4. Review factors
During the examination process, the patent examiner will evaluate the application and make a decision on whether to grant it. Examiners are conducted in accordance with the requirements of the statute, and it is normal for different examiners to have different understandings due to individual abilities and knowledge background. The distribution of review tasks by the State Information Office is also often cross-disciplinary, which can undoubtedly add to the gap in understanding the comparison between the invention and the nearest existing technology.
In addition, the review process often takes months or years, which can affect the speed and efficiency of patent grants.
5. The foundation of the response to the review opinions
In the process of patent examination, it is often encountered that trial opinions are issued, at this time, it is necessary to reply to the examination opinions.
A good reply can revive the dead, even if the technical program itself is of a poor level of application can also give the "persuade" authorization, and a weak reply may not convince the examiner's sister, resulting in the rejection of the application.
In addition, the reply to the review opinion will also affect the authorization cycle, if there is no timely reply after receiving the review opinion notice, the authorization cycle will be extended.
For example, suppose that an invention patent receives two review opinions, then the first time has 15 days ➕4 months to reply, the second has 15 days ➕2 months to reply, if the reply is submitted on the last day of the deadline, most of the half year will be wasted. So, again, get a good agency.
6. Patent application process
Errors in the patent application process, including payment, can also result in an irretrievable patent application. Therefore, it is very important to find a large agency with perfect service process for patent application matters!
7. Legal Environment and Policies
The legal environment and policies can also affect the granting of patents. Different countries have different patent laws and policies, and there are also differences in the granting of patents in different areas. There are also differences in some countries' patent-granting policies for foreign applicants. Therefore, it is important to understand the patent laws and policies of the relevant countries, as well as the patent examination process, to improve the success rate of patent grants.
In short, patent authorization is a complex process, requires the applicant to have sufficient professional knowledge and experience, fully understand the above factors, it is recommended to choose a professional agency agent patent application matters, help to improve the success rate of patent authorization.
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