The Patent Administration Department of the State Council has set up the Patent Reexamination Board. If the applicant for a patent refuses to accept the decision of the patent administrative department of the State Council to reject the application, he may, within three months from the date of receiving the notice, request a reexamination with the Patent Reexamination Board. After reexamination, the Patent Reexamination Board shall make a decision and notify the patent applicant. If the patent applicant refuses to accept the reexamination decision of the Patent Reexamination Board, he may bring a lawsuit to the people's court within three months from the date of receiving the notice. Detailed Rules for the Implementation of the Patent Law of People's Republic of China (PRC) (revised and promulgated by the State Council on February 28th, 2002) Article 58 The Patent Reexamination Board is composed of technical experts and legal experts designated by the patent administration department of the State Council, and the chairman of the board is also the person in charge of the patent administration department of the State Council. Article 59 Where a request for reexamination is filed with the Patent Reexamination Board in accordance with the provisions of Article 41 of the Patent Law, a request for reexamination shall be submitted, the reasons shall be explained, and relevant evidence shall be attached if necessary. If the written request for reexamination does not conform to the prescribed format, the person requesting reexamination shall make corrections within the time limit specified by the Patent Reexamination Board; If no correction is made at the expiration of the time limit, the request for reexamination shall be deemed not to have been made. Article 60. When making a request for reexamination or replying to the notice of reexamination from the Patent Reexamination Board, the claimant may modify the patent application documents. However, the amendment should be limited to eliminating the defects pointed out in the rejection decision or review notice. The revised patent application documents shall be submitted in duplicate. Article 61 The Patent Reexamination Board shall forward the accepted reexamination request to the original examination department of the patent administration department of the State Council for examination. If the original examination department agrees to cancel the original decision at the request of the reexamination claimant, the Patent Reexamination Board shall make a reexamination decision accordingly and notify the reexamination claimant. Article 62 If, after reexamination, the Patent Reexamination Board considers that the reexamination request does not conform to the relevant provisions of the Patent Law and these Rules, it shall notify the petitioner of reexamination and require him to state his opinions within a specified time limit. If no reply is made at the expiration of the time limit, the request for reexamination shall be deemed to have been withdrawn; If the Patent Reexamination Board considers that it still does not conform to the relevant provisions of the Patent Law and these Rules after stating its opinions or making amendments, it shall make a reexamination decision and maintain the original rejection decision. If, after reexamination, the Patent Reexamination Board considers that the original rejection decision does not conform to the relevant provisions of the Patent Law and these Rules, or the revised patent application document eliminates the defects pointed out in the original rejection decision, it shall revoke the original rejection decision and the original examination department shall continue the examination procedure. Article 63. Before the Patent Reexamination Board makes a decision, the applicant for reexamination may withdraw his request for reexamination. If the reexamination claimant withdraws his reexamination request before the Patent Reexamination Board makes a decision, the reexamination procedure shall be terminated. Provisions of the Supreme People's Court on the Applicable Law in the Trial of Patent Disputes (June 5438+0 19, 2006) Article 2 Patent disputes of first instance shall be under the jurisdiction of the intermediate people's court where the people's governments of provinces, autonomous regions and municipalities directly under the Central Government are located and the intermediate people's court designated by the Supreme People's Court. Article 3 If a party refuses to accept the reexamination decision made by the Patent Reexamination Board after July 1 year, the people's court will not accept it. Article 4 An application in which a party has an interest in the decision made by the Patent Reexamination Board after July 1 2006.
Legal objectivity:
Article 41 of the Patent Law Where an applicant for a patent refuses to accept the decision of the patent administration department in the State Council to reject the application, he may, within 3 months from the date of receiving the notice, request the patent administration department in the State Council for reexamination. After the review, the patent administration department in 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 lawsuit to the people's court within three months from the date of receiving the notice.