Whether the technical solutions corresponding to the refuted patent application can also apply for patent
date: 2022-04-12 Haiying Huang Read by:

A technical solution has been patented, but is refuted. The technical solution is important to the applicant. With regard to whether the technical solution can be patented again or notThere have recently been different customers who present such questions.

It should be noted that, the applicant can start a reexamination program for incompliance with the rejection determination, and can also complain about incompliance with the reexamination determination of the patent of the invention in the case that the reexamination program maintains the rejection determination. If the applicant does not use, or does not intend to use, the described rescue means, or the final office after using the described rescue means decides to be the backbacked patent application, it is advised whether to apply for patent no longer for the technical solution

If the technical solution is greatly improved, a new solution is formed, which does not belong to the prior art, and the patent application may be considered. If the technical solution essentially does not change, only the description manner is changed, and the earlier application affects the novelty of the later application, and the patent application is not advised.

If the technical solution itself is not greatly improved, however, since the original application text of the earlier application does not highlight the point of the invention which the applicant wants to emphasize this time, the applicant wishes to apply for a patent again, and whether to apply for a patent again is advised; and if it is advised to apply for a patent, it is necessary to pay attention to what kind of patent

In recent years, the writer has encountered such a case. The technical solution provided by the applicant relates to the field of communications, and relates to a method for encrypting/decrypting data by means of a network device without an IP address and a MAC address. The prior application is proxied by other agency. The independent method claims of the prior application are as follows:

1. A data communication method, applied to a communication intermediate device, the method comprising:

intercepting a target data packet transmitted by a data packet sending device to a data packet receiving device

Performing preset processing on the target data packet, and generating a processed data packet of which the data amount is less than the MTU amount of a communication network

Transmitting the processed data packet to the data packet receiving apparatus.

The applicant is of the opinion that the earlier application does not highlight that the encryption/decryption operation is realized by a network device without IP address and MAC addresses, and wishes to apply for a patent again with regard to the technical solution. In this case, the applicant has the following thought:

(1)     Re-applying a patent for this technical solution?

Firstly, it is necessary to compare the technical solution with the full text of the initial application documents of the earlier applications, The earlier application only discloses processing a data packet as a data packet less than an MTU amount via an intermediate device, but does not disclose that a communication intermediate device is a device without IP address  and MAC addresses, also does not disclose respectively encrypting and decrypting same by two encryption/decryption devices between a data packet sending device and a receiving device, That is, the features of the encryption/decryption device in the technical solution and the application scenario of the technical solution are not disclosed.

Secondly, the present technical solution needs to be compared with the prior art closest to the earlier application (D1 provided by the examiner), Reference document D1 discloses that nodes A and B can actively send a test message, and the length of an MTU is set, However, a network device without the IP address and the MAC address does not have the capability of actively sending a data packet, and cannot control the length of the sent data packet in communication, Accordingly, the characteristics of the node in D1 are completely different from those of the network device in the present application.

Further, it is also required to search for whether there is a closer prior art after the earlier application, and by means of the search, if no closer prior art is found, it can be preliminarily judged that the present technical solution is novel.

By means of evaluation, the present technical solution, by means of a method for performing encryption/decryption on a network device without an IP address and a MAC address, not only can ensure that the length of a data packet after an encryption/decryption operation does not change with the length of an original data packet, but also can ensure the synchronization and security of parameter data required for data encryption/decryption; preliminary judgement involves an inventive step; therefore, the present technical solution is advised to make a patent application again.

2With regard to the technical solution application, attention needs to be paid to something?

First of all, an application scenario of performing encryption/decryption by using a network device without an IP address and a MAC address is the largest inventive point, a set of system claims can be laid out, and the system independent claims laid out are as follows:

1.    A data processing system, comprising:

A first network device, configured to send to a second network device to-be-processed data

A first encryption and decryption device connected to the first network device and used for receiving the data to be processed, encrypting the data to be processed to obtain encrypted data having the same length as the data to be processed, and transmitting the encrypted data to the second network device via a network, wherein the first encryption and decryption device is a network device without an IP address and a MAC address

A second encryption and decryption device, connected to the second network device, and configured to receive the encrypted data through the network, decrypt the encrypted data to obtain decrypted data, and transmit the decrypted data to the second network device, wherein the second encryption and decryption device is a network device having no IP address and MAC address

a second network device, configured to receive the decrypted data.

Secondly, the encryption method and the decryption method in this application scenario are also inventive points, and corresponding method claims may be respectively arranged from both sides of the encryption end and the decryption end.

Further, the layout of dependent claims is in communication with the inventor, the encryption algorithm in the present technical solution is the same as the encryption algorithm in the earlier application, the instructor guides the inventor to improve and extend the encryption algorithm, proposes an encryption algorithm different from the earlier application, and is deployed in dependent claims.

Finally, the patent application corresponding to the technical solution is granted a patent.

In conclusion, a patent application corresponding to one technical solution is refuted, but the technical solution has a great value to the applicant, and a patent attorney can be consulted about whether the technical solution can perform a patent application again. With regard to a patent agent, on the one handthe technical solution can be compared with the prior art at first (including, but not limited to, the technical solution disclosed in the earlier application and the reference document of the earlier application), Insofar as the technical solution differs greatly from the prior art, the applicant can be advised to make a patent application again. On the other hand, the inventor can be guided to mine and extend the technical solutionand re-determining the technical problem and the necessary technical features for solving the technical problem, and reasonably performing patent layout, The patent application for this technical solution also has the opportunity to obtain patent rights.