How long is the review period of the Patent Reexamination Board?

The Patent Law and the detailed rules for the implementation of the Patent Law do not stipulate the examination period of the Patent Reexamination Board. If the applicant is not satisfied with the decision to reject the patent application, he may request the Patent Reexamination Board for reexamination within three months from the date of receiving the notice.

Legal basis:

Article 46 of the Patent Law: The administrative department for patent in the State Council shall promptly examine and make a decision on the request for invalidation of the patent right, and notify the requester and the patentee. The decision to declare the patent right invalid shall be registered and announced by the patent administration department of the State Council.

Anyone who refuses to accept the decision of the State Council Patent Administration Department to declare the patent right invalid or maintain the patent right may bring a lawsuit to the people's court within three months from the date of receiving the notice. The people's court shall notify the other party to the procedure for requesting invalidation to participate in the proceedings as a third party.