What if the patent is rejected?

Legal analysis: After the patent application is rejected, it can be handled according to the following steps:

1. First, read the notice of rejection decision carefully. The examiner will explain the reasons for rejection in the notice of rejection decision. Reading the notice of rejection decision carefully is helpful to understand the examiner's opinions and make corresponding treatment according to these opinions.

2. Secondly, submit a request for reexamination to the Patent Reexamination Board. If you think that the examiner's opinion is unreasonable, you can make a reexamination request to the Patent Reexamination Board within 3 months after receiving the notice of rejection, and pay the formal reexamination fee at the same time. In the reexamination request, why do you think that the examiner's opinion in the rejection decision is incorrect? When submitting the review request, you can also modify the application documents to overcome the existing problems. In other words, if the examiner's opinion is really well-founded, then you can try to get authorization by modifying the application documents.

Finally, after reexamination, if the rejection result remains unchanged, the Patent Reexamination Board can be taken as the defendant to bring a lawsuit to the court.

Legal basis: Article 60 of the Patent Law of People's Republic of China (PRC) * * * The patent administration department in the State Council shall promptly notify the patentee of the decision to grant a compulsory license, and register and announce it. The decision to grant compulsory license shall stipulate the scope and time of implementation according to the reasons for compulsory license. When the reasons for compulsory license are eliminated and no longer exist, the administrative department for patent in the State Council shall, at the request of the patentee, make a decision to terminate the compulsory license after examination.