The first publication of the paper led to the popularity of the Chinese Academy of Sciences, which did not give up, and the doctor gave up.

FirstPublished paperThe Chinese Academy of Sciences, which led to the popularity of the doctor who did not give up, gave up.

In recent days, Dr. Huang Guoping, Institute of Automation, Chinese Academy of SciencesThank you for your paper. he is constantly striving for self-improvement,The story of struggling all the way out of the small mountain depression and fighting against fate was moved.a lot of people. We“Intellectual Property Owner”,See in the academic don't give upDr. HuangThere is a waiver in the patent application, I .e.Reply to the review opinion,which in turn leads to patent applications"Deemed to be withdrawn".

Huang Guoping inInstitute of Automation, Chinese Academy of SciencesDuring his PhD, he used to be the second inventor (the first inventor was the teacher of the automation institute./Tutor) applied4Chinese patents. Except2014Year11Month21day of application.CN104462072BOther than authorized.3piece in2016Year12Month16DaySubmissionpatent applicationCN106844332A,CN106649289AandCN107066451Aare all in“Deemed withdrawal”The failure state.

This3Article Application“Deemed withdrawal”The reasons are:Failing to reply to the patent examination opinions within the prescribed time limit.What exactly is the review opinion that Dr. Wong, who did not give up, gave up his reply? A review of these abandoned responses found that the examiner pointed out that all the claims of the above patent application lacked creativity.;The contrast file retrieved by the examiner is exactly the academic paper published by Dr. Huang himself.

The titles of the two papers used as comparison files are“Learning from User Feedback for Machine Translation in Real-Time”and“A Simple, Straightforward and Effective Model for Joint Bilingual Terms Detection and Word Alignment in SMT”The first author is all.Huang Guoping Table, I .e., Dr. Huang Guoping; transliteration by other authors of the paper, also matching the patent inventor; singleIt is also the Institute of Automation of the Chinese Academy of Sciences. Both papers are published on the day2016Year12Month2Day, two weeks earlier than the patent filing date,respectively constitute the above3the prior art of the patent application.

Although the author of the paper and the inventor of the patent are the same group of people, there are some differences between the scheme disclosed by the paper and the technical scheme of the patent application; however, the examiner believes that the above3Patentthe technologyprogram in the paper+on the basis of common knowledgeYesObvious and therefore not creative. In the end, Dr. Huang waived the reply examination opinion, and the patent application was subsequently“Deemed withdrawal”.

The existing technology refers to the technology known to the public at home and abroad before the application date. The existing technology includes the technology that is publicly published in domestic and foreign publications, publicly used at home and abroad, or known to the public in other ways before the filing date (with priority, refers to the priority date).constitute existing technology,Destroying the novelty and creativity of one's patent application may not only beOthersfirst published paper,Prior PatentsThere may also be papers published by oneself first, patents applied for earlier, etc.

Dr. Huang's waiver of responding to the patent examination opinion reflects a regrettable but common case:Applicant,In particular, university applicants publish their papers before applying for patents, resulting inThe paper published by oneself in the first place constitutes the existing technology that oneself applies for a patent later, resulting in a lack of creativity in applying for a patent later.Patent application failedTechnical solutions do not have patent protection.ThisMostly.YesDue to the lack of understanding of patents, I hope that with the popularization of patent knowledge in the future, no one will fall into such a dilemma.