There are some common deficiencies in the patent application process, which may lead to the rejection of the application or the need for modification. The following are the common deficiencies in patent applications and solutions summarized based on the latest examination standards and common problems:
I. Normative issues of application documents
The normativity of application documents is of crucial importance as it directly affects the examination efficiency and results. The following are common normative issues and solutions:
Non - compliance with format requirements
If the application documents (such as the specification, claims, drawings, etc.) are not written in accordance with the format specified by the National Intellectual Property Administration, it may make it difficult for examiners to understand the technical solution.
Solution: Write the application documents strictly in accordance with the requirements of the "Patent Examination Guidelines" to ensure that the format is standardized and the content is complete.
Problems in the specification
Using citation phrases such as "as described in claim... of..." does not comply with the provisions of the "Implementing Regulations of the Patent Law".
Formulas and diagrams are unclear, or there are redundant words and lines in the drawings.
Solution: Use standard terms, ensure that formulas and diagrams are clear and readable, and the drawings should be drawn using drawing tools.
Problems in the claims
Technical terms are inconsistent with those in the specification.
The step numbers in the claims are discontinuous.
Solution: Ensure that the terms in the claims are consistent with those in the specification, and carefully check the continuity of step numbers.
II. Substantive issues of the technical solution
The substantive content of the technical solution determines whether a patent application can be authorized. The following are common problems and countermeasures in this regard:
Lack of novelty, inventiveness and practicality
The technical solution of the application has been disclosed in the prior art or lacks innovativeness.
The technical solution cannot be implemented or has no practical application value.
Solution: Conduct a full - scale patent search before applying to ensure the novelty and inventiveness of the technical solution, and explain in detail the practical application effect of the technical solution.
The protected object does not meet the requirements
The subject of the application falls within the scope of non - patentable items such as scientific discoveries, rules for intellectual activities, and methods for diagnosing diseases.
Solution: Ensure that the technical solution of the application is an object protected by the patent law, that is, a new technical solution proposed for a product, method, or its improvement.
Writing problems of the specification and claims
The specification does not clearly and completely describe the invention, making it impossible for technicians to implement.
The claims are not based on the specification, and the scope of protection is unclear.
Solution: The specification should describe the technical solution in detail, and the claims should clearly and concisely define the scope of protection.
III. Other common problems
In addition to the above two types of problems, the following common problems may also occur in patent applications, which applicants need to pay attention to:
Excessive scope of modification of application documents
When the applicant modifies the application documents, the scope exceeds that recorded in the original specification and claims.
Solution: When modifying the application documents, only the deficiencies pointed out in the examination opinions should be addressed, and no new technical content should be introduced.
Inconsistency between drawings and text description
The drawing labels are inconsistent with the text description, or there are unnecessary text annotations in the drawings.
Solution: Ensure that the drawing labels are consistent with the text description, and the drawings should be concise and clear.
Unity problem
A patent application contains multiple technical solutions, and there is no connection between the solutions.
Solution: Ensure that a patent application is limited to one invention or utility model, and there should be common technical features among the technical solutions.
Summary
The common deficiencies in patent applications mainly focus on the normativity of application documents, the substance of technical solutions, and the writing quality. Applicants should write application documents strictly in accordance with the requirements of the "Patent Examination Guidelines", and conduct a full - scale patent search and evaluation before applying to improve the success rate of the application.