If the patent applicant refuses to accept the rejection decision made by the Patent Office, he may file a request for reexamination with the Patent Reexamination Board. The request for re-examination is not directed at the rejection decision made by the Patent Office and shall not be accepted.
II. Examination of the qualifications of the applicant
The applicant whose application is rejected may file a request for reexamination with the Patent Reexamination Board. If the applicant for reexamination is not the applicant whose application has been rejected, his request for reexamination shall not be accepted.
Where the rejected applicants belong to the same applicant, if not all the applicants for reexamination, the Patent Reexamination Board shall notify the applicants for reexamination to make corrections within a specified time limit; If no correction is made at the expiration of the time limit, the request for reexamination shall be deemed not to have been made.
Third, the time limit.
(1) Within three months from the date of receiving the rejection decision made by the Patent Office, the patent applicant may file a request for reexamination with the Patent Reexamination Board; If the time limit for filing a review request does not meet the above provisions, the review request will not be accepted.
(2) If the time limit for the request for reexamination does not meet the above requirements, but the examiner requests the restoration of the right after the Patent Reexamination Board makes a decision not to accept it, and if the request for restoration of the right conforms to the provisions on the restoration of the right in the detailed rules for the implementation of the Patent Law, the restoration shall be granted and the request for reexamination shall be accepted; Do not meet the relevant provisions, shall not be restored.
(3) If the time limit for filing a request for reexamination does not meet the above provisions, but the person requesting reexamination requests the restoration of rights before the Patent Reexamination Board decides not to accept it, the above two requests may be merged; If the request for the restoration of rights conforms to the provisions of the detailed rules for the implementation of the Patent Law on the restoration of rights, the request for reexamination shall be accepted; Do not meet the relevant provisions, the request for review will not be accepted.
Fourth, the file form
(a) the complainant shall submit a written request for review, explain the reasons and attach relevant evidence when necessary.
(2) The request for reexamination shall conform to the prescribed format; If it does not conform to the prescribed format, the Patent Reexamination Board shall notify the claimant to make corrections within a specified time limit; If it is not corrected at the expiration of the period or corrected within the specified time limit, but the same defects still exist after two corrections, it shall be deemed that no request for reexamination has been made.
Verb (abbreviation for verb) cost
(1) If the reexamination claimant makes a reexamination request within three months from the date of receiving the rejection decision, and fails to pay the reexamination fee, his reexamination request shall be deemed not to have been made.
(2) If the reexamination claimant makes a request to restore the right after the Patent Reexamination Board has made a decision that is deemed as undecided, and the request to restore the right conforms to the provisions of the detailed rules for the implementation of the Patent Law on restoring the right, the reexamination request shall be accepted; Do not meet the above requirements, will not be restored.
(3) If the reexamination fee is paid within three months from the date of receiving the rejection decision, and the request for restoration of rights is made before the decision is deemed to have been made, the above two requests may be merged; If the request for the restoration of rights conforms to the provisions of the detailed rules for the implementation of the Patent Law on the restoration of rights, the request for reexamination shall be accepted; If it does not meet the requirements, it shall be deemed that no request for review has been made.
Entrusting program of intransitive verbs
(1) Where the applicant for reexamination entrusts a patent agency to request reexamination, or cancels or abandons the entrustment, it shall go through the formalities in the Patent Office with reference to the relevant provisions of this Guide. However, if the reexamination applicant entrusts a patent agency in the reexamination procedure, and the power of attorney states that its entrustment authority is limited to handling matters related to the reexamination procedure, the formalities of entrustment or revocation or resignation shall be handled in the Patent Reexamination Board with reference to the above provisions, and there is no need to go through the formalities of filing project changes.
Where the applicant for reexamination goes through the entrustment formalities in the Patent Reexamination Board, but the power of attorney submitted does not specify that the entrustment authority is limited to the matters related to the reexamination procedure, it shall make corrections within the specified time limit; If no correction is made at the expiration of the period, it shall be deemed as not entrusted.
(2) If the applicant for reexamination has entrusted relationships with multiple patent agencies at the same time, he shall designate one of them as the recipient in writing; If it is not specified, the Patent Reexamination Board will regard the patent agency entrusted first in the reexamination procedure as the addressee; If there are more than one patent agency entrusted first, the Patent Reexamination Board will regard the patent agency that signed first as the recipient; If the signatures are out of order (entrusted separately on the same day), the Patent Reexamination Board shall notify the reexamination requester to specify them within a specified time limit; If it is not specified within the prescribed time limit, it shall be deemed as not entrusted.
(3) If a foreigner, foreign enterprise or other foreign organization that has no habitual residence or business office in China according to the Patent Law applies for a patent and handles other patent affairs in China, it shall entrust a patent agency designated by China National Intellectual Property Administration with the request for reexamination; If it fails to make corrections in accordance with the provisions, the Patent Reexamination Board shall notify the reexamination claimant to make corrections within a specified time limit; If no correction is made within the time limit, the request for review shall be deemed not to have been made; If no correction is made within the time limit, the request for review will not be accepted.
Seven. Notice; pay attention to
(1) If the reexamination request does not conform to the Patent Law and its detailed rules for implementation and the relevant provisions of this Guide after formal examination and needs to be corrected, the Patent Reexamination Board shall issue a notice of correction, requiring the reexamination requester to make corrections within 1 month from the date of receiving the notice.
(2) If the reexamination request is deemed not to have been filed or rejected, the Patent Reexamination Board shall issue a notice that the reexamination request is deemed not to have been filed or rejected, and notify the reexamination requester.
(3) If the reexamination request conforms to the Patent Law and its implementing rules and the relevant provisions of this Guide after formal examination, the Patent Reexamination Board shall issue a notice of acceptance of the reexamination request and notify the reexamination requester.
(Zhuo Yi Intellectual Property)