Under what circumstances can I apply for patent reexamination?

The person whose patent application is rejected may apply for patent reexamination. If the patent applicant applies for a patent but is rejected by the patent administration department of the State Council and refuses to accept the decision, he may request a reexamination within three months from the date of receiving the notice.

Legal Basis

Article 41 of the Patent Law of the People's Republic of China

If the patent applicant is not satisfied with the decision of the the State Council Patent Administration Department to reject the application, he may request a reexamination to the the State Council Patent Administration Department within three months from the date of receiving the notice. After reexamination, the patent administrative department of the State Council shall make a decision and notify the patent applicant.

if the patent applicant refuses to accept the reexamination decision of the patent administrative department of the State Council, he may bring a suit in a people's court within three months from the date of receiving the notice.