从兼顾公正与效率角度谈针对申请人意见陈述的答复

How to Reply to the Statement of the Applicant's Opinion from the Perspective to Considering both Justice and Efficiency

本文从专利审查工作兼顾公正与效率的基本原则出发,从专利审查工作是基于本领域技术人员水平来开展的角度入手,以申请人意见陈述常见的争辩点为切入点,总结了一套适用于中通或驳回决定中针对申请人意见陈述的答复意见的撰写流程,提倡对实质性意见进行充分沟通,而不是对所有的争辩点都主张证据优先,避免因过度追求公正而牺牲效率,保证答复意见合理合法,与申请人/代理人的沟通充分高效,并结合实际案例进行分析说明,以期提高专利行政程序效率,促进高质高效审查。

Based on the basic principles of considering both justice and efficiency, the author starts from the fact that patent examination is based on the level of a person skilled in the art in this field, takes the perspective of the common arguments of the applicant＇s opinion, summarizes a set of writing process applying to the written or rejected decision in response to the applicant＇s statement of opinion. The author advocates fully communication for substantive opinions, rather than evidence priority for all the arguments, to avoid excessive pursuit of justice at the expense of efficiency. The author also suggests examiners ensure fair and legal reply,as well as full and efficient communication with the applicant/agent, combined with the actual case analysis, in order to improve the efficiency of patent administrative procedures to promote high quality and efficient examination.