Legal analysis
The application for reconsideration may be submitted in person or sent to the Administrative Reconsideration Office of the Patent Office. According to the Regulations on Administrative Reconsideration, the following specific administrative acts cannot be applied for reconsideration: (1) The patent applicant refuses to accept the decision made by the Patent Office to reject the patent application; (two) the patentee or the licensee who implements the compulsory license is not satisfied with the decision made by the Patent Office to implement the compulsory license fee; (3) The patent applicant, the patentee and the claimant for invalidation are not satisfied with the decision of the Patent Reexamination Board. The patent reexamination board was set up by the relevant departments. If the patent applicant refuses to accept the decision to reject the application, he may request a reexamination to the Patent Reexamination Board within three months from the date of receiving the notice. After reexamination, the Patent Reexamination Board shall make a decision and notify the patent applicant. If the patent applicant refuses to accept the reexamination decision of the Patent Reexamination Board, he may bring a lawsuit to the people's court within three months from the date of receiving the notice. You can apply for administrative reconsideration: (1) Being dissatisfied with the administrative punishment decisions made by the administrative organ, such as warning, fine, confiscation of illegal income, confiscation of illegal property, ordering to stop production or business, withholding or revoking the license, withholding or revoking the license, administrative detention, etc. ; (2) Refusing to accept administrative compulsory measures such as restricting personal freedom or sealing up, distraining or freezing property made by administrative organs; (3) Refusing to accept the decision made by the administrative organ to change, suspend or revoke the license, license, qualification certificate and other documents; (4) Refusing to accept the decision of the administrative organ to confirm the ownership or use right of natural resources such as land, mineral deposits, water, forests, mountains, grasslands, wasteland, beaches and sea areas.
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.