Information to be submitted:
Where a request for reexamination is filed with the Patent Reexamination Board in accordance with the provisions of Article 41 of the Patent Law, a request for reexamination shall be submitted, the reasons shall be explained, and relevant evidence shall be attached 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.
Procedures for applying for patent reexamination:
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 the detailed rules for the implementation of the Patent Law, it shall notify the petitioner of reexamination 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If no reply is made at the expiration of the time limit, the request for reexamination shall be deemed to have been withdrawn; If the Patent Reexamination Board considers that it still does not conform to the relevant provisions of the Patent Law and these Rules after stating its opinions or making amendments, 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 the detailed rules for the implementation of the Patent Law, 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.
Withdrawal and termination of reexamination The applicant for reexamination may withdraw the 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.