Reply to a notice

Once you have read the technical opinion, you decide whether you want to continue with your application. If you disagree with the conclusions of the patent examiner, you are free to reply with your arguments.

Your reply

When replying to a notice, you should

  • reply in writing.
  • respond only regarding the documents listed in the notice. (Not the documents that are reported in the attached Swedish search report.)

You are welcome to contact PRV if you have any questions. If you need help in responding to the notice, you may appoint a patent attorney to represent you.

New claims

You can add new more precise patent claims and restrict them in order to better delimit your invention from the prior art but remember that you are not allowed to add any new subject matter to your application. When adding something to a patent claim, you must always indicate from where in the original documents you have retrieved this information.

What happens if I fail to reply?

A dismissed application can be reinstated, provided that you pay an extra fee within four months from the time limit specified in the notice.

Deadline

If you do not reply to the notice within the set time limit, your application will be dismissed. If you need more time to respond, you can request deferral.

A dismissed application can be reinstated, provided that you pay an extra fee within four months from the time limit specified in the notice. If you respond to the order but do not respond to all the deficiencies we have stated, your application may be rejected.

Read more about extension of time limit

Once we get your answer

If you reply to the notice within the set time limit, a patent examiner will review your application again. Usually, this is followed by a final notice or a decision to reject. You may receive a second technical notice that meets your reasoning and new requirements.

You reply to a second notice in exactly the same way as for the first notice.

Forms – reply to a notice