The patent office refutes the patent.

Patent application is rejected → patent application reexamination (within 3 months) → formal examination → patent reexamination pre-examination → patent reexamination board examination → rejection decision to maintain or cancel → patent reexamination procedure is a relief way for the applicant when the patent application is rejected. 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, and must submit it to the Patent Reexamination Board of the State Intellectual Property Office within 3 months after receiving the notice of rejection. According to the provisions of the Patent Law and its detailed rules for implementation, if an applicant for a patent refuses to accept China National Intellectual Property Administration's 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. China National Intellectual Property Administration's decision to reject the patent application includes two situations: one is that China National Intellectual Property Administration rejects the patent application for invention, utility model or design after preliminary examination; The other is that China National Intellectual Property Administration rejected the application for a patent for invention after substantive examination, arguing that it did not conform to the provisions of the Patent Law. Where a request for reexamination is filed with the Patent Reexamination Board, it shall submit a written request for reexamination, explain the reasons, and attach relevant evidence when necessary. 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. The Patent Reexamination Board shall forward the accepted reexamination request to the original examination department of the patent administration department of the State Council for examination. If the original examination department agrees to cancel the original decision at the request of the reexamination claimant, the Patent Reexamination Board shall make a reexamination decision accordingly and notify the reexamination claimant. If, after reexamination, the Patent Reexamination Board considers that the reexamination request does not conform to the relevant provisions of the Patent Law and its detailed rules for implementation, it shall notify the petitioner and ask him to state his opinions within a specified time limit. If no reply is made at the expiration of the time limit, the request for reexamination shall be deemed to have been withdrawn; If the Patent Reexamination Board, after stating its opinions or making amendments, considers that it still does not conform to the relevant provisions of the Patent Law and its detailed rules for implementation, it shall make a reexamination decision and maintain the original rejection decision; If, after reexamination, the Patent Reexamination Board considers that the original rejection decision does not conform to the relevant provisions of the Patent Law and its detailed rules for implementation, or the revised patent application document eliminates the defects pointed out in the original rejection decision, it shall revoke the original rejection decision and the original examination department shall continue the examination procedure. The applicant for reexamination may withdraw his request for reexamination before the Patent Reexamination Board makes a decision. If the reexamination claimant withdraws his reexamination request before the Patent Reexamination Board makes a decision, the reexamination procedure shall be terminated. 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.