If a patent applicant is dissatisfied with the Patent Office's decision to reject the application, he may request a reexamination to the Patent Office Reexamination Committee within 3 months from the date of receipt of the notice.
The patent reexamination decision may have two different conclusions:
(1) Maintain the original rejection decision and reject the patent reexamination request.
(2) Confirm that the reasons for the request for patent reexamination are established, or confirm that after modification by the applicant, the application documents have overcome the defects pointed out in the original rejection decision, decide to revoke the original rejection decision, and return the application to the original examination department for re-examination .
The patent reexamination decision shall be notified to the patent applicant in writing. If the applicant for an invention patent application is dissatisfied with the reexamination decision, he may file a lawsuit with the Beijing Intermediate People's Court within 3 months from the date of receipt of the decision.
In the patent examination procedure, after the patent applicant states its opinions or makes modifications or corrections at the request of the examiner, if the Patent Office believes that the application still does not comply with the provisions of the Patent Law and its implementing regulations, it will make a patent rejection application. decision and notify the patent applicant.
If a patent applicant is dissatisfied with the Patent Office's decision to reject the application, he may request a reexamination to the Patent Reexamination Committee of the State Intellectual Property Office within three months from the date of receipt of the notice. To request a patent reexamination, a request for patent reexamination must be submitted, stating the reasons for the patent reexamination.