Preliminary examination means that after accepting the reexamination request, the original examination department of the State Intellectual Property Office that made the decision to reject the patent application re-examines the reexamination request and application and decides whether to revoke the original rejection decision. program.
In accordance with Article 61 of the Implementing Rules of the Patent Law, the Patent Reexamination Board shall submit the reexamination request (including the attached supporting documents and the revised The application documents) together with the original application file will be sent to the original application review department that made the decision to reject the application for preliminary review. The review department shall submit a "preliminary review opinion letter" that shall be reviewed by the director of the relevant office of the department. Except for special circumstances, the preliminary review shall be completed within two months from receipt of the case file.