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COIPOR VIEW

About patent granting

For many people, they subconsciously will think that a patent application is to be granted, and that the ungranted patent application case is worthless. Especially in China, many subsidies make premise on obtaining granted patent. This has caused many applicants to require that the patent application should be granted with a patent as a premise in their communication with patent agencies, and this has resulted in strange phenomenon such as pre-application search, patent granting promise and refund if the patent application is not granted.
For a complete patent strategy, a pending patent application with the subject matter already disclosed in the application is sometimes very powerful.

Because once the patent application is granted, the scope of right is determined and it is generally impossible to expand the interpretation (based on the principle of estoppel). The scope of the claims in patent application cases in the application is often relatively large. When competitors have retrieved out these patent documents, they cannot determine the final scope of patent protection. They can only expect the enemy to be lenient. That is to say, the pending patent application can also play a protective role.


Ningbo Daotong Intellectual Property Agency Co., Ltd.

Tel: (+86)0574-88127326

Contact Email: info@coipor.com

Company address: Room 406, Nanyang Building, Southern Business District, Yinzhou District, Ningbo City

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