(1) Accepting applications for administrative reconsideration;
(2) Investigating and collecting evidence from relevant departments and personnel, and consulting relevant documents and materials;
(three) to examine whether the specific administrative act is legal and appropriate;
(four) to handle the administrative compensation matters requested together;
(five) to formulate, produce and send legal documents for administrative reconsideration;
(six) to handle the matters of responding to the administrative litigation brought by the administrative reconsideration decision;
(seven) to supervise the implementation of the administrative reconsideration decision;
(eight) for administrative reconsideration, administrative litigation statistics and major administrative reconsideration decisions for the record;
(nine) to study the problems found in the administrative reconsideration work and put forward opinions or suggestions on administrative reconsideration to the relevant departments in a timely manner. Chapter II Scope of Administrative Reconsideration and Participants Article 4 Except as otherwise provided in Article 5 of these Rules, an application for administrative reconsideration may be made under any of the following circumstances:
(a) refuses to accept the specific administrative act of China National Intellectual Property Administration on patent application and patent right;
(2) Refusing to accept the specific administrative act made by China National Intellectual Property Administration concerning the application for registration of layout design of integrated circuits and the exclusive right of layout design;
(3) Refusing to accept the decision on the procedures of patent reexamination and invalidation made by the Patent Reexamination Board of the State Intellectual Property Office;
(four) refuses to accept the specific administrative act of patent agency management made by China National Intellectual Property Administration;
(five) that other specific administrative acts made by China National Intellectual Property Administration infringe upon their legitimate rights and interests. Article 5 No application for administrative reconsideration may be made under any of the following circumstances:
(a) the patent applicant refuses to accept the decision to reject the patent application;
(2) The applicant for reexamination refuses to accept the reexamination decision;
(3) The patentee or the claimant for invalidation refuses to accept the decision on examining the request for invalidation;
(4) The patentee or the licensee of compulsory patent license refuses to accept the award of compulsory license fee;
(5) The applicant of an international application refuses to accept the decision made by China National Intellectual Property Administration as the accepting unit, international search unit and international preliminary examination unit of the international application;
(6) The applicant for registration of integrated circuit layout design refuses to accept the decision to reject the application for registration;
(seven) the applicant for the registration of integrated circuit layout design refuses to accept the examination decision;
(8) The obligee of layout design of integrated circuit refuses to accept the decision to cancel the registration of layout design;
(9) The obligee of layout design of integrated circuit or the licensee of involuntary license refuses to accept the award of remuneration for involuntary license;
(10) The obligee or the alleged infringer of the layout design of an integrated circuit refuses to accept the decision on the settlement of the dispute over the infringement of the exclusive right of the layout design of an integrated circuit;
(eleven) other circumstances stipulated by laws and regulations that cannot apply for administrative reconsideration. Article 6 Citizens, legal persons or other organizations that apply for administrative reconsideration in accordance with these Rules are applicants for reconsideration.
If the rights and interests of other interested parties are damaged when a specific administrative act is made, they may apply for administrative reconsideration or participate in administrative reconsideration as a third party. Article 7 An applicant for reconsideration and a third party may entrust an agent to participate in the administrative reconsideration. Chapter III Application and Acceptance Article 8 If a citizen, legal person or other organization thinks that a specific administrative act of China National Intellectual Property Administration infringes upon his lawful rights and interests, he may apply for administrative reconsideration within 60 days from the date of knowing the specific administrative act.
If the time limit specified in the preceding paragraph is delayed due to force majeure or other legitimate reasons, the calculation shall continue from the date when the obstacle is removed. Ninth citizens, legal persons or other organizations that have the right to apply for administrative reconsideration may bring an administrative lawsuit to the people's court. If the people's court accepts it according to law, it may not apply for administrative reconsideration to China National Intellectual Property Administration.
If the administrative reconsideration institution has accepted the application for administrative reconsideration in China National Intellectual Property Administration according to law, it may not bring an administrative lawsuit to the people's court within the statutory time limit for administrative reconsideration.
After accepting the application for administrative reconsideration, China National Intellectual Property Administration found that the parties brought an administrative lawsuit to the people's court before or after accepting it, and the people's court accepted it according to law and rejected the application for administrative reconsideration. Article 10 An application for administrative reconsideration shall meet the following conditions:
(1) The applicant for reconsideration is a patent applicant, a patentee, an applicant for the registration of integrated circuit layout design, an obligee of integrated circuit layout design or other interested parties, and thinks that a specific administrative act has infringed upon their legitimate rights and interests;
(two) there are specific administrative reconsideration requests and reasons;
(3) Being within the scope of administrative reconsideration;
(4) It is filed within the statutory application period.