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Re-Examination Procedure for Patent Application
According to Patent Law in respect to the examination and approval procedure for patent applications, the applicant can amend the application under certain conditions and within certain limits. No matter whether it is a re-examination or examination of an invalidation case, determination of the proper text for examination is very important. If the text is inappropriate, the examination decision will be nonsensical, even if the decision is written perfectly and the argument is very thorough. Under the guidelines for examination, they provide a specific regulation for the scope of collegiate examination in the re-examination procedure, which is the grounds and evidence on which a rejection decision is based. The guidelines regulate the scope that the collegiate panel can examine according to its authority, which are the grounds and evidence which the applicant has been notified of before rejection.
The aim of making the aforesaid regulations in the guidelines for examination is to enhance the operability and improve the consistency in law enforcement. In the examination practice, the common circumstance is that although a hearing is sometimes not carried out sufficiently in the substantive examination procedure, it will not be the reason for the re-examination request. In the re-examination procedure, an examination concerning the defects in the amended text beyond the original scope is a vital factor. Prior to carrying on the examination for other substantive defects, it shall first take examination of whether the amended text is in conformity with Article 33 of the Patent Law, which is the precondition and basis for examination.
Furthermore, with regard to collegiate panel examination, the best, clear and concise method is to just indicate that the amended text does not comply with Article 33 of the Patent Law and ask the re-examination
petitioner to submit a legal amended text without expressing an examination opinion on its inventiveness.
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