绿洲慧写 | AI 辅助专利撰写专家

1 Notification of Grant of Patent Right

If no grounds for rejection are found during the preliminary examination of a design patent application, the examiner should issue a notification of the grant of the design patent right. Design patent applications that can be granted a patent right include those that meet the preliminary examination requirements without needing correction, and those that meet the requirements after correction.

2 Correction of Application Documents

During the preliminary examination, for patent applications with defects that can be overcome through correction, examiners should conduct a comprehensive examination and issue a correction notice. The correction notice should include the following content, in addition to the recipient’s information and bibliographic data:

(1) Indicate which documents submitted by the applicant at what time the correction notice pertains to;

(2) Clearly and specifically point out the defects in the application documents and indicate the relevant articles of the Patent Law and its Implementing Regulations that are not met;

(3) Clearly and specifically explain the examiner’s tentative opinions and possible suggestions, so that the applicant can understand the examiner’s intentions;

(4) Specify the deadline for the applicant to respond to the correction notice.

3 Handling of Obvious Substantive Defects

During the preliminary examination, for patent applications with obvious substantive defects that cannot be overcome through correction, examiners should issue an examination opinion notice. The examination opinion notice should include the following content, in addition to the recipient’s information and bibliographic data:

(1) Indicate which documents submitted by the applicant at what time the examination opinion notice pertains to;

(2) Clearly and specifically point out the defects in the application documents and indicate the relevant articles of the Patent Law and its Implementing Regulations that are not met, and if necessary, analyze the facts of the obvious substantive defects in combination with relevant evidence;

(3) Explain that the examiner is preparing to reject the patent application based on the relevant provisions of the Patent Law and its Implementing Regulations;

(4) Specify the deadline for the applicant to respond to the examination opinion notice.