According to Article 41 of the Patent Law of People's Republic of China (PRC), if the patent applicant refuses to accept the decision of the the State Council Patent Administration Department to reject the application, he may, within three months from the date of receiving the notice, request a reexamination from the Patent Reexamination Board. 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.
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Reasons for rejecting an application for a patent for invention:
1. The subject of the application for a patent for invention does not belong to the invention specified in the Patent Law.
2. The subject matter of the application for a patent for invention violates national laws, social morality or harms public interests.
3. The subject of an application for a patent for invention belongs to the scope of not granting a patent right, such as scientific discovery, rules and methods of intellectual activities, methods of diagnosis and treatment of diseases, animal and plant varieties or substances obtained through nuclear transformation, etc.
4. The theme of the application for a patent for invention lacks novelty, creativity or practicality.
5, the theme of the application for a patent for invention does not conform to the provisions of the singularity.
6. Where there are more than two patent applications for the same invention theme, the applicant is not the first applicant.
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