When the State Intellectual Property Office issues a report to determine whether a certain design or utility model meets the granting requirements, this is referred to as patent evaluation.
The State Intellectual Property Office conducts patent evaluations to determine if a given design patent or utility model meets the granting requirements established by the Implementing Regulations of the Chinese Patent Law and the Chinese Patent Law. These reports are produced prior to a prior art search and are requested by the interested party or patentee. Only design and utility model patents are included by these assessment reports. Patents for inventions do not count since they have already been subjected to a comprehensive examination before being issued.
Why Should You Request a Patent Evaluation Report?
The patent evaluation report may be requested by either the interested party or the patentee. If more than one party requests it for the same design or utility model patent, only one patent evaluation report will be generated. In a design or utility model patent infringement lawsuit, it is typical for the defendant to initiate a patient invalidation proceeding in front of the Patent Reexamination Board on the relevant patent. They may also request that the litigation be put on hold by the court. This is not possible if the patentee possesses a patent evaluation report proving the patent’s validity.
A patent evaluation report is produced to validate the validity of a design patent or utility model. The patentee may seek the report to get verification of the patent’s originality and uniqueness. This report may be utilised as evidence at the People’s Court as well as at a local patent office for review when there are patent infringement problems. Specific remedies may also be obtained using the patent assessment report. For example, a patentee may want to prevent items infringing on the patent from being marketed overseas.
They may register the patent with the Chinese General Administration of Customs to ensure that the articles do not escape the country. The report is also useful in determining whether the patent should be invalidated or if the invention being used infringes on the patent rights of other parties.
Steps in Patent Evaluation
One of the most important aspects of patent examination is determining whether the patent permits the person who filed the invention to claim exclusive rights to their property. They might hold a patent that grants them exclusive rights to a form of technology that can be copied but not replicated. It is often in the person’s best interest to do many assessments at the same time. As an example, consider a situation in which the items and technology are equivalent.
Another factor to evaluate during the patent review process is if the firm that want to promote the concept has the resources to bring the product to market. They may have a solid concept, but it doesn’t imply they’ll be able to carry it out given the resources available. The corporation may be unable to carry out the implementation and promote the product.
When contemplating investing in a patent, many elements or attributes must be considered, including the following:
The size of the patent family.
What the level of competition is for comparable items with equivalent patents.
How long the patent has been in effect.
If the original creator has had exclusive patent rights for a reasonable amount of time, there is a significant possibility that the product is a proprietary and unique breakthrough of technology that should be investigated further for further evaluation and potential investment. If an objection to the patent has been filed, it must be considered in addition to the result of the opposition.
What Are the Different Types of Citation?
For many decades, citation analysis has been used to assess the quality of a patent and to analyse how patents may effect their rivals and the world as a whole. Forward citations are an artefact created from backward citations that vary depending on the point of view. Backward citations are based on the US 892 and 1449 forms, as well as other comparable forms from other countries. They include samples of relevant art that is presently available.