Will the patent reexamination procedure be amended?

If, after formal examination, the request for reexamination does not conform to the relevant provisions of the Patent Law, its detailed rules for implementation and review guidelines, and needs to be corrected, the Patent Reexamination Board shall issue a notice of correction to the requester. The claimant shall make corrections within the specified time limit from the date of receiving the notice of correction.

Frequently asked questions that need to be corrected:

(1) The reexamination request did not use the format formulated by the State Council Patent Administration Department;

(2) In the request for reexamination, the name of the applicant or invention-creation is inconsistent with the contents at the time of patent application or after the change of law;

(3) The applicant entrusts a patent agency when applying for a patent, but the name and code of the patent agency, the name and code of the agent or the patent agency filled in are inconsistent with the contents of the patent application, or the law has changed;

(4) The petitioner entrusted a patent agency in the reexamination procedure, but failed to submit the power of attorney or the power of attorney did not specify the authorized authority;

(five) the applicant has entrusted relationships with several patent agencies at the same time, but has not designated one of them as the recipient in writing;

(6) The list of attachments to the request for reexamination is inconsistent with the attachments;

(7) The request for reexamination is not signed by the requester (including not all the requesters), or the entrusted patent agency is not signed by the patent agency.