Third-party Opinion | China Patent Law Guide
Any person may make submissions and give an explanation of the reasons for such submissions to the CNIPA regarding an application for an invention patent that does not conform to the provisions of the Patent Law. These submissions can be made from the date of publication of such a patent application until the date of the public announcement that a patent right has been granted.
This is similar to the invalidation procedure but a little different. The public opinion should be: 1) filed after the publication of the application and before the publication of the grant; 2) with reasons for challenging the conformity with the provisions of the Patent Law. The examiner shall consider the third-party opinion during the course of the substantive examination, but it’s not required for the examiner to inform the petitioner of the result.
(By?Dr. Jian Xu. Last updated: Jun 2023)
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