Recently, our firm won the first instance of an administrative litigation case for invalidation of an invention patent, in which it is ruled that the invention patent should be comp...
Introduction In the chemical field, it is difficult to seek invalidation of a patent claiming to have achieved unexpected technical effect. This case provides a strategy for success...
Interpretation of Filing of PCT-PPH Requests When There Is Any Observation Made in Box VIII of WO/ISA, WO/IPEA or IPER

In response to applicant’s needs and to further provide high quality and efficient services to PPH users, SIPO decides after discussion to revise the provision that “if any observation is made in Box VIII of WO/ISA, WO/IPEA or IPER which the request for PCT-PPH is based upon, the application will not be eligible to participate in the PCT-PPH pilot program” in Procedures to File a PPH Request with SIPO under the PPH Pilot Program. Since July 1, 2017, where the written opinion in the Box VIII meets one of the following circumstances, the applicant may file a PCT-PPH request with SIPO.

The circumstances are as follows:

1. the observation in the Box VIII does not relate to claims corresponding to the PPH request filed with SIPO, or

2. the observation in the Box VIII only relates to defects in the description or the appended drawings.

Under the precondition that the above two circumstances satisfy other PPH request eligibility conditions, the applicant may file a PPH request with SIPO, and in item 3 “Special Explanation” in the Box E “Notes” in the Form of Request for Participation in PPH pilot program briefly state the reasons why the written opinion in the Box VIII makes the PPH request eligible.

If SIPO after examination determines that the application meets the above requirements, the examination of the application can be accelerated according to PPH. If the applicant makes no explanation or SIPO after examination determines that the application does not meet the above requirements, the application will be rejected. The relief procedure after this type of rejection is the same as that for other types of rejection of PPH request.

Time: May 22, 2017
Source: SIPO

About us | Contact us | Favorite | Home Page
LINKS:Beijing Wei Chixue Law Firm
©2008-2025 By Linda Liu & Partners, All Rights Reserved.
×

Open wechat "scan", open the page and click the share button in the upper right corner of the screen