What are the requirements of the patent reexamination request document? How to submit the patent reexamination fee?
What are the requirements of the patent reexamination request document? How to submit the patent reexamination fee? Patent reexamination procedure refers to a kind of remedy for the applicant when the patent application is rejected. Only the patent applicant has the right to start the patent reexamination procedure, and must submit it to the Patent Reexamination Board of the State Intellectual Property Office within 3 months after receiving the notice of rejection. Let's take a closer look. What are the requirements of the patent reexamination request document? 1. The reexamination claimant shall submit the reexamination request, explain the reasons, and attach relevant evidence when necessary. 2. The request for reexamination shall conform to the prescribed format; If it does not conform to the prescribed format, the Patent Reexamination Board shall notify the claimant to make corrections within a specified time limit; If it is not corrected at the expiration of the period or corrected within the specified time limit, but the same defects still exist after two corrections, it shall be deemed that no request for reexamination has been made. How to submit the patent reexamination fee? 1. The reexamination claimant shall file a reexamination request within three months from the date of receiving the rejection decision. If the reexamination fee is not paid, the reexamination request shall be deemed as not filed. 2. After the Patent Re-examination Board makes a decision that is deemed as undecided, the re-examination requester puts forward a request to restore the rights. If the request for restoration of rights conforms to the provisions of the detailed rules for the implementation of the Patent Law on the restoration of rights, it shall be granted and the request for reexamination shall be accepted; Do not meet the above requirements, will not be restored. 3. If the review fee is not paid until three months from the date of receiving the rejection decision, if a request for restoration of rights is made before the decision is deemed to have been made, the above two requests may be tried together; If the request for the restoration of rights conforms to the provisions of the detailed rules for the implementation of the Patent Law on the restoration of rights, the request for reexamination shall be accepted; If it does not meet the requirements, it shall be deemed that no request for review has been made. What are the formal requirements of the patent reexamination request document? 1. The patent claimant shall submit a request for reexamination, explain the reasons, and attach relevant evidence when necessary. 2. The patent claimant shall use the format of the request for reexamination formulated by the patent administrative department of the State Council, and fill in it in strict accordance with the matters needing attention. 3. The patent claimant may modify the patent application documents when making a request for reexamination or replying to the notice of reexamination of the Patent Reexamination Board; However, the amendment should be limited to eliminating the defects pointed out in the rejection decision or review notice. What are the requirements of the patent reexamination request document? How to submit the patent reexamination fee? We are here to answer this question for you. If you want to apply for patent reexamination, please contact our online customer service or call Bajie Intellectual Property National Free Service Hotline. We have many years of professional intellectual property agency experience, professional business team and the concept of serving customers wholeheartedly, which can help you apply smoothly.