What are the legal requirements for filing a patent objection?


Release Time:

2022-12-12

A:Where an opponent submits an opinion to the Patent Office on an application that does not comply with the provisions of the Patent Law, the following legal circumstances must be met:

1. An objection to an invention for which a patent is applied means a disagreement with a product, a process, or a new technical solution for its improvement; An objection to a utility model for which a patent is applied means a disagreement with the shape or structure of the product or the new technical scheme for practical use proposed by the combination thereof.

2. The invention is considered to violate national laws, social morality or harm the public interest; Or considers that the patent right shall not be granted in accordance with Article 25 of  patent law; Or it is considered that the invention does not have novelty, creativity or practicality.

3. that the patent application belongs to service invention-creation, or non-service invention-creation; It is an invention-creation made with the collaboration of two or more units or an invention-creation made by one unit entrusted by another unit; Or it considers that the main content of the patent application is taken from another person's specification, drawings, models, equipment, etc., or from a method used by another person without his or her consent.

4. The filling of patent claims, specifications, abstracts and claims does not meet the requirements.

5. The application for modification of the subcase exceeds the scope of the original specification. (Source: Intellectual Property Class)

 

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