Can this utility model patent be reexamined after it is rejected?

The rejected authorization for re-examination of utility models will not become invalid in the future. Moreover, there is no direct connection between reexamination and patent invalidation. Invalid patent means that anyone who finds that the patent is illegal can apply to the Patent Reexamination Board for examination and decision in time to declare the patent invalid from the date when the patent administrative department of the State Council announces the grant of the patent. The reexamination will only examine the reasons for rejecting the patent application.

legal ground

Article 45 of the Patent Law of People's Republic of China (PRC) shall come into force on June 1 20265438.

Since the date when the patent administrative department of the State Council announced the grant of the patent right, any unit or individual may request the Patent Reexamination Board to declare the patent right invalid if it considers that the grant of the patent right is not in conformity with the relevant provisions of this Law.

Article 46

The Patent Reexamination Board shall promptly examine the request for invalidation of the patent right and make a decision, and notify the claimant 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 Patent Reexamination Board 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.