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PUBLIC OPINION

lRequirements

 

(1)Power of Attorney

(2) Title of patent, patent application number

(3) Reasons, relevant materials, evidence

 

Innopat has successfully helped the clients to prevent some competitors patent applications not to be granted to remove the bar of the product development.

 

Innopat can prepare and submit the observations anonymously without disclosing the client real name upon the request of the clients.

 

lThe legal basis

According to Rule 48 of the Implementing Regulations of the Patent Law of China, “Any person may, from the date of publication of an application for a patent for invention till the date of announcing the grant of the patent right, submit to the patent administration department under the State Council his observations, with reasons therefor, on the application which is not in conformity with the provisions of the Patent Law.”

 

In particular, it is stipulated in Section 4.9, Chapter 8, Part II, Guidelines for Patent Examination as follows:

4.9 Handling of Public Opinion

The observations submitted by anyone to the Patent Office on an invention application not in conformity with the provisions of the Patent Law shall be included in the application file, and the examiner shall take them into consideration in the course of substantive examination. It is not necessary for the examiner to consider the observations submitted after the issuance of Notification to Grant patent Right. The handling of the observation submitted by the public does not need to be notified to the public concerned。”