SIPO Starts Patent Examination Complaint Platform

2012/02/28

The State Intellectual Property Office (SIPO) has on January 20, 2012 officially kick-started the patent examination complaint platform in a bid to solicit public opinions about its patent examination work and improve quality of patent examination. Trial operation of the platform, started on July 22, 2011, has been going smoothly. Website of the platform is http: //scywts.sipo.gov.cn

Internet users can register in the website or log in anonymously, and post complaints about SIPO's patent examination work. SIPO will timely accept the complaints and replies to the complainants. The registered users of the platform can follow up with acceptance and handling of the complaints.

The response to complaint can not replace SIPO's examination opinions about patent application, or start any relevant statutory procedure. Anyone who disagrees with the decision or administrative behavior of Patent Office of SIPO and Patent Reexamination Board can request for a reexamination or invalidation of the patent right or administrative reconsideration within a specified time limit, or appeal to the court. The SIPO's advice on handling of the complaints is only explanation for the complained problem, instead of administrative decision or examination opinion. It does not acquire legal force.

By the end of 2011, the platform has received a total of 113 complaints, and SIPO has properly handled those complaints in time. The platform has obviously become an effective vehicle for SIPO to communicate with the public about patent examination. The platform has received widespread attentions as well as praise.

(Source: IPR in China)