legal ground
Article 41 of the Patent Law of People's Republic of China (PRC) If an applicant for a patent refuses to accept the decision of the patent administration department of the State Council to reject the application, he may, within 3 months from the date of receiving the notice, request a reexamination from the patent administration department of the State Council. After the review, the patent administration department in the State Council shall make a decision and notify the patent applicant. If the patent applicant refuses to accept the reexamination decision of the patent administrative department of the State Council, he may bring a lawsuit to the people's court within three months from the date of receiving the notice.