What are the authorization and other outcomes of the patent application?

We all know that after a patent application goes through the review process, it will enter the authorization stage. But not all patent applications can be approved as patents. So what are the authorization and other outcomes of the patent application? Today, the editor of Legal Savior Network has compiled relevant legal knowledge for you about "the authorization of patent applications and other outcomes." I hope it will be helpful to you.

What are the authorization and other outcomes of patent applications

1. The patent application was voluntarily withdrawn

After the applicant submits the application, due to changes in circumstances, the applicant may take the initiative to withdraw the application patent application. For example:

(1) It is found that the application content does not belong to the patent Protection scope;

(2) Discovery application document writing There are serious flaws that may result in the application not being approved or the scope of protection being severely limited;

(3) It is found that the application lacks patentability and it is meaningless to proceed with the one-step procedure;

(4) The applicant requested to apply for a confidential patent, and the countryThe competent department of the State Council disagrees, and the applicant considers that it is more advantageous to keep the invention confidential.

If you request to withdraw a patent application, you should submit the "Withdrawal of Patent" "Application Statement" shall be made in duplicate, indicating the application number, invention title and applicant of the application requested to be withdrawn, and shall be signed and sealed by all applicants. If a patent agent is entrusted, the patent agency can handle the procedures, but a certificate proving that all applicants agree to withdraw the application should be issued.

Once the patent application is withdrawn, the applicant and his/her successors There shall be no further claim for restoration.

The invention patent application was withdrawn before the publication preparation process was carried out , the application will no longer be published after being withdrawn, but if it is withdrawn before entering the publication preparation process, the application will be published as usual. The publication preparation procedure generally starts from the 15th month from the filing date. However, if the request for publication is not made in advance, the publication preparation procedure will be entered as soon as the formal examination is passed. If there is a priority request, the publication preparation procedure will be entered from the 15th month of the priority log.

A statement to withdraw a patent application should be made before handling the patent right Authorization registration procedures were submitted previously. After completing the registration procedures, the Patent Office immediately enters the announcement preparation process. Even if the applicant requests to withdraw the patent application, the Patent Office will announce the authorization and publish the patent specification as usual.

Before the invention patent application is published, the utility model or appearance If a design application is withdrawn before the registration formalities are completed, the Patent Office shall keep the application file confidential and manage it in the same manner as the application file before publication and announcement until the file is destroyed.

2. The application is considered For withdrawal and its restoration

In the examination procedure, the application If a person fails to go through certain approval procedures within the time limit stipulated by law or the time limit specified by the Patent Office without legitimate reasons, his application will be deemed to have been withdrawn.

Some of these are based on the applicant’s time, energy, Due to financial considerations, the applicant was unwilling to proceed with the procedure and deliberately did not go through the formalities; some errors were caused by the applicant not understanding the law and the approval procedures, which delayed the formalities; some were delays due to legitimate reasons.

In practice, the patent office cannot distinguish these differences Therefore, if the required procedures are not completed within the time limit, a deemed withdrawal notice will be issued. The notice states the reasons for the deemed withdrawal. If the applicant has legitimate reasons, he shall, within two months from the date of receipt of the deemed withdrawal notice, explain the legitimate reasons to the Patent Office and request restoration of rights.

If you request to restore your rights, you should submit a "Request for Restoration of Rights" Make two copies of the "letter", explaining the legitimate reasons for delaying the deadline; at the same time, make up for various required procedures that were not completed due to obstacles due to legitimate reasons, and make up for the fees that should be paid. The re-application procedures and repayment of fees should generally be completed within the above two months. If there are indeed difficulties and cannot be completed within two months, the patent office shall be requested to extend the time limit; if the request for restoration of rights is made, the prescribed fee shall also be paid. For example, if the applicant is hospitalized due to illness, the deadline for handling the substantive review request is delayed, and the application is deemed to have been withdrawn. At this time, if the applicant requests to restore the application, he should submit a request for restoration of rights in duplicate, pay the restoration fee, and reissue the application. Substantial examination request procedures, back paymentSubstantial hearing request fee.

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