If the written request for reexamination does not conform to the prescribed format, the person requesting reexamination shall make corrections within the time limit specified by the Patent Reexamination Board; If no correction is made at the expiration of the time limit, the request for reexamination shall be deemed not to have been made.
The claimant may modify the patent application documents when making a request for reexamination or replying to the notice of reexamination of the Patent Reexamination Board; However, the amendment should be limited to eliminating the defects pointed out in the rejection decision or review notice.
The revised patent application documents shall be submitted in duplicate.
Legal basis: Article 16 of the Detailed Rules for the Implementation of the Patent Law of People's Republic of China (PRC) shall specify the following items in the request for a patent application for invention, utility model or design:
(1) the name of the invention, utility model or design;
(2) If the applicant is a unit or individual in China, its name, address, postal code, organization code or ID number; If the applicant is a foreigner, foreign enterprise or other foreign organization, its name, nationality or registered country or region;
(3) the name of the inventor or designer;
(4) Where the applicant entrusts a patent agency, the name and agency code of the entrusted agency and the name, practice license number and contact telephone number of the patent agent designated by the agency;
(5) Where priority is claimed, the filing date, application number and the name of the original accepting institution of the first patent application filed by the applicant (hereinafter referred to as the earlier application);
(6) The signature or seal of the applicant or the patent agency;
(7) List of application documents;
(8) List of attached documents;
(nine) other related matters that need to be explained.