Article 59 The Patent Reexamination Committee shall be composed of technical experts and legal experts designated by the Patent Administration Department of the State Council, and the chairman shall be concurrently served by the person in charge of the Patent Administration Department of the State Council. Article 60 When requesting a reexamination to the Patent Reexamination Board in accordance with the provisions of Article 41 of the Patent Law, a request for reexamination shall be submitted, explaining the reasons, and attaching relevant evidence when necessary.
If the reexamination request does not comply with the provisions of Article 19, Paragraph 1, or Article 41, Paragraph 1 of the Patent Law, the Patent Reexamination Board shall not accept the request and shall notify the reexamination requester in writing and explain the reasons.
If the reexamination request does not comply with the prescribed format, the reexamination requester shall make corrections within the time limit specified by the Patent Reexamination Board; if the reexamination request is not made within the time limit specified by the Patent Reexamination Board, the reexamination request shall be deemed not to have been filed.
Article 61 The petitioner may modify the patent application documents when filing a reexamination request or responding to the reexamination notice issued by the Patent Reexamination Board; however, the modification shall be limited to eliminating the rejection decision or reexamination notice. The book points out flaws.
Modified patent application documents should be submitted in duplicate.
Article 62 The Patent Reexamination Board shall transfer the accepted reexamination request to the original examination department of the Patent Administration Department of the State Council for review. If the original examination department agrees to revoke the original decision based on the request of the reexamination requester, the Patent Reexamination Board shall make a reexamination decision accordingly and notify the reexamination requester.
Article 63: After the Patent Reexamination Board conducts a reexamination, if it considers that the reexamination request does not comply with the relevant provisions of the Patent Law and these Rules, it shall notify the reexamination requester and require him to state his opinions within a designated period. If there is no reply within the time limit, the reexamination request shall be deemed to have been withdrawn; after stating its opinions or making modifications, if the Patent Reexamination Board believes that it still does not comply with the relevant provisions of the Patent Law and these Rules, it shall make a reexamination decision to uphold the original rejection decision.
After the Patent Reexamination Board conducts a reexamination, if it believes that the original rejection decision does not comply with the relevant provisions of the Patent Law and these Rules, or if it believes that the revised patent application documents have eliminated the defects pointed out in the original rejection decision, the original rejection decision shall be revoked. If the decision is rejected, the original review department will continue the review process.
Article 64 The reexamination requester may withdraw his reexamination request before the Patent Reexamination Board makes a decision.
If the reexamination requester withdraws his reexamination request before the Patent Reexamination Board makes a decision, the reexamination procedure will be terminated.
Article 65 In accordance with the provisions of Article 45 of the Patent Law, if a request is made to declare the patent right invalid or partially invalid, a request for invalidation of the patent right and the necessary evidence shall be submitted to the Patent Reexamination Board. Two servings. The request for invalidation should combine all the evidence submitted, specify the reasons for the invalidation request, and indicate the evidence on which each reason is based.
The reasons for requesting invalidation mentioned in the preceding paragraph refer to the fact that the invention-creation for which the patent is granted does not comply with Article 2, Article 20, Paragraph 1, Article 22, and Article 20 of the Patent Law. Article 3, Paragraph 3 and 4 of Article 26, Paragraph 2 of Article 27, Article 33 or Paragraph 2 of Article 20 and Paragraph 1 of Article 43 of these Rules stipulations, or it falls under the provisions of Article 5 and Article 25 of the Patent Law, or the patent right cannot be obtained in accordance with the provisions of Article 9 of the Patent Law.
Article 66 If a request for invalidation of a patent right does not comply with the provisions of Paragraph 1 of Article 19 of the Patent Law or Article 65 of these Rules, the Patent Reexamination Board will not accept it.
After the Patent Reexamination Board makes a decision on the request for invalidation, if a request for invalidation is made with the same reasons and evidence, the Patent Reexamination Board will not accept the request.
If a design patent is requested to be invalidated on the grounds that it does not comply with the provisions of Article 23, Paragraph 3 of the Patent Law, but no evidence proving a conflict of rights is submitted, the Patent Reexamination Board will not accept the application.
If the request for invalidation of patent rights does not comply with the prescribed format, the invalidation requester shall make corrections within the time limit designated by the Patent Reexamination Board; if no corrections are made upon expiration of the time limit, the request for invalidation shall be deemed not to have been made.
Article 67: After the Patent Reexamination Board accepts a request for invalidation, the requester may add reasons or supplement evidence within one month from the date of filing the request for invalidation. If reasons or evidence are added after the time limit, the Patent Reexamination Board may not consider it.
Article 68 The Patent Reexamination Board shall send copies of the request for invalidation of the patent right and relevant documents to the patentee and require it to state its opinions within a specified time limit.
The patentee and the invalidation requester shall reply to the notice of transfer of documents or the notice of review of request for invalidation issued by the Patent Reexamination Board within the specified period; failure to respond within the time limit will not affect the proceedings of the Patent Reexamination Board. .
Article 69 During the review process of a request for invalidation, the patentee of an invention or utility model patent may amend its claims, but shall not expand the scope of protection of the original patent.
The patentee of an invention or utility model patent may not modify the patent description and drawings, and the patentee of a design patent may not modify pictures, photos and brief descriptions.
Article 70 The Patent Reexamination Board may decide to conduct an oral hearing on the request for invalidation based on the request of the parties or the needs of the case. If the Patent Reexamination Board decides to conduct an oral hearing on a request for invalidation, it shall issue an oral hearing notice to the parties, informing the parties of the date and place of the oral hearing. The parties concerned shall respond within the time limit specified in the notice.
If the invalidation requester fails to respond to the oral hearing notice issued by the Patent Reexamination Board within the specified time limit and does not participate in the oral hearing, his invalidation request will be deemed to have been withdrawn; the patentee does not participate in the oral hearing. Yes, the case can be heard in absentia.
Article 71 During the review procedure for a request for invalidation, the time limit specified by the Patent Reexamination Board shall not be extended.
Article 72 Before the Patent Reexamination Board makes a decision on the request for invalidation, the person requesting invalidation may withdraw his request.
If before the Patent Reexamination Board makes a decision, the invalidation requester withdraws his request or his invalidation request is deemed to have been withdrawn, the invalidation request review procedure shall be terminated. However, if the Patent Reexamination Board believes that it can make a decision to declare the patent right invalid or partially invalid based on the examination work that has been carried out, the examination procedure will not be terminated.