How to determine that a registered design/utility model patent has satisfied the legal requirements for granting a patent right from the patent evaluation report?

If you have applied for and received a patent evaluation report issued by the National Intellectual Property Administration of the PRC (previously referred to as the “SIPO”), please check the preliminary conclusion indicated on the conclusion page, affixed with the seal or chop of the NIPA (or “SIPO”), of the patent evaluation report.(see fig.1 & 2)

Fig.1 Sample of evaluation report of utility model patent

Fig.2 Sample of evaluation report of design patent

Taking an evaluation report of design patent for example, please refer to the three major preliminary results as below:

1. Patent granted: 全部外观设计未发现存在不符合授予专利条件的缺陷
2. Patent not granted: 全部外观设计不符合授予专利权条件
3. Patent partial granted: 该外观设计的____不符合授予专利权条件，该外观设计的____未发现存在不符合授予专利权条件的缺陷

Note: If you have any objection to the patent conclusion and wish to apply for reexamination, you may try to submit the application request of reexamination within 2 months to the National Intellectual Property Administration (or “SIPO”) once you receive the patent evaluation report. To learn more details, please contact the National Intellectual Property Administration (or SIPO) for assistance.

FAQ of Alibaba Intellectual Property Protection Platform