Are you ready for the full patent annual goods (1)

1 What is the authorization rate of invention patent applications? -50-60%

After the patent application is submitted to the patent office, it will be temporarily kept confidential. After 18 months from the date of application, the Patent Office will disclose the application on its own. After the disclosure, the whole world can easily inquire about the application, and the contents of the patent can no longer be kept confidential.

A request for substantive examination may be made within three years from the date of application. If you don't ask for a real trial, such as the technology is outdated, or the clinical trial has failed, and you don't want to conduct a real trial, then the application will be deemed withdrawn, which is equivalent to giving up.

After substantive examination, the Patent Office may approve or reject the application. Worldwide, the grant rate of patent applications is about 50-60%. This is not to say that the other half of the applications have been rejected. In fact, the rejection rate is not high, usually within 10%, and most of the other applications that are not authorized are abandoned. Why is it abandoned? It may be that the technology has no value, or the review process has encountered insurmountable difficulties, and the authorization is basically hopeful. But most of what really sticks to the end of the review process is still authorized.

2. What is the success rate of rejection review?-40%

After the application for a patent has been rejected, a reexamination may be requested to the Patent Reexamination Board. The Re-examination Board and the Patent Office are a family. How can one beat one's own mouth, so intuitively, one feels that the winning rate may not be too high. But on the contrary, the success rate of requesting review is not low, reaching about 40%, so it is worth trying.

III. Administrative litigation of "nine deaths and nine deaths"

If the review fails, you can also file an administrative lawsuit with the Beijing Intellectual Property Court. If you lose again, you can appeal to the Beijing Higher People's Court. However, administrative litigation is a case of people suing officials, and the reexamination board wants to be the defendant, so the winning rate is very low, and the historical average winning rate is only about 10%, which is a real "nine deaths". If you are still dissatisfied after the final trial of the two trials, you can theoretically go to the Supreme People's Court to appeal, but the Supreme Court has not accepted many cases, and the ultimate success depends on luck.

4 Is there a high chance of an invalid patent being challenged?-1%

After the patent has been granted, anyone who believes that the patent is defective and should not be granted can request the re-examination board to declare the patent invalid. Unlike many countries, China does not require the invalidation claimant to have specific qualifications, for example, it does not require the claimant to be a defendant in an infringement lawsuit or to be warned by the right holder.

From the historical data, the proportion of patents with invalid requests is about 1% of all authorized patents.

V. "Half-win" patent invalidation procedures

Once a patent enters the invalidation process, the risk of being invalidated is still quite high, with almost half the outcome, which means that about 50% of the patents will be invalidated.

Many people are surprised to hear this. Why is the invalidity rate so high? The patent stability is too poor. What do the examiners of the patent office eat. Does it mean that as long as I mention it is invalid, there is a 50% chance that the patent will be destroyed? In fact, this is not the case.

The so-called half-win argument is empirical and is based on statistics from actual cases that have occurred in the past. So which patents will be invalidated and thus become the denominator of the winning rate? Simply put, granted patents can be roughly divided into three types. First of all, a large part of patents have very low commercial value, which is commonly known as junk patents. In fact, they are similar to waste paper. No one is interested in invalidating such patents. The other part is high-quality patents, with rigorous structure, sufficient data, and a solid scientific research foundation. Such patents are difficult to be invalidated. Invalidation of such patents can only be a waste of money. Of course, occasionally, some people "know that there are tigers in the mountains and prefer to go to the mountains" and bite the bullet to invalidate these high-quality patents. "Knowing that it cannot be done" often has special considerations, such as delaying time or exerting pressure to increase bargaining chips due to the need of litigation strategy. There are also some patents that have certain value, but there are also some defects. This part of the patent is the main force that is invalidated. It is normal that such patents have a half probability of being invalidated.

Let's look at it from another angle. The invalidated patents actually account for only 0.5 percent of all authorized patents, so it seems much better.

Similarly, if you are not satisfied with the invalid decision of the review board, you can continue to go to the court to fight administrative proceedings. Considering that the average winning rate in the history of administrative litigation is only a pitiful 10%, it is better to go all out to win in the invalid procedure of the review board. Once the review board loses, it is very difficult to bring the situation back in administrative litigation.

News source:https://news.yaozh.com/archive/21806.html

This news was re-edited and reorganized by the Huaxun team and added analytical comments.