According to Article 41 of the Patent Law, the Patent Reexamination Board accepts and examines the request for reexamination and makes a decision. Cases requesting re-examination include cases requesting patent re-examination because they refuse to accept the decision to reject the patent application in the preliminary examination and substantive examination procedures.
Only the patent applicant has the right to start the patent reexamination procedure, but the patent applicant may entrust a patent agency to represent the patent reexamination. Moreover, it must be submitted to the Patent Reexamination Board of the State Intellectual Property Office within 3 months from the date of receiving the notice of rejection. 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 (source: Shenzhen No.1 Middle School).
Patent reexamination process
Entrust the patent agency as soon as possible, communicate the relevant information with each other clearly, and give them the rest. Qualified and regular filing agencies, especially those with many years of experience in agency, must have done a lot of patent reexamination, and their accumulated experience can help you win your technology patent. After all, professional things are still left to professional people to do!