The examination process of design patent is submission of application, acceptance, formal examination, disclosure, authorization/rejection. Since there is no substantive review of design patents in the examination, the probability of design patents getting certificates is very large, and basically they can be 100% authorized. However, if you think that you have got the certificate of this design patent, you will Sue your competitors, protect your rights, and apply for customs registration, etc., it will not be so smooth. At this time, the relevant departments will ask you to provide a patent evaluation report. And the patent evaluation report must be a positive evaluation.
Why do we need a patent evaluation report? Because whether the patent can be implemented (such as suing others) is completely determined by the stability of the patent itself, and the stability of the design patent is very poor because it has not been substantially examined, that is, there must be an evaluation report with a positive conclusion.
Then how to apply for the design patent right evaluation report? The application process is very simple, only need to fill in the patent evaluation report request, pay the application fee, of course, if it involves prosecution or prosecution, it also needs to be specified. So it's a tricky process. We recommend that you consult our legal advisors and we will help you handle the whole process.
The role of patent evaluation report
1.It is the basis for the people's court or the administrative department of patent work to decide whether to suspend the trial and processing procedures.
2. It is the basis for the people's court or the administrative department of patent work to judge whether infringement is involved in the trial and handling of patent infringement disputes.
3. It is the basis for the patentee to prove the "gold content" of the patent in the patent promotion.
4. It is the necessary preparation for the right holder to deal with patent infringement.