What is the reexamination process in patent reexamination?

After the above work, the collegial panel made a review decision by voting on the basis of finding out the facts and in accordance with the principle that the minority is subordinate to the majority.

Section 5 of Chapter 2 of Part IV of the Review Guide stipulates three types of review decisions:

(a) The request for reexamination is established and the rejection decision is revoked;

(b) The applicant for reexamination has revised the patent application document, which overcomes the defects pointed out in the original rejection decision and cancels the rejection decision on the basis of the revised text;

If the request for review is not established, the original rejection decision shall be maintained;

In the first two cases, the original patent application should be returned to the original examination department to continue the examination and approval procedures. The original examination department shall implement the decision of the Patent Reexamination Board, and shall not make a decision that is contrary to the reexamination decision with the same factual reasons and evidence.

The written decision of reexamination shall be written by the presiding judge according to the voting results of the collegial panel, signed by all members of the collegial panel, approved by the director or deputy director of the Patent Reexamination Board when necessary, and sent to the petitioner in the name of the Patent Reexamination Board. If the patent application involved in the reexamination decision has been made public, the Patent Reexamination Board will make it public. For these reexamination decisions that should be publicized, the conclusion is to maintain the original rejection decision. If the petitioner refuses to accept the lawsuit and accepts it in court, the reexamination decision will be publicized together with the court judgment after the court judgment becomes legally effective. This book will be published together.

Article 41 of the Patent Law of People's Republic of China (PRC) If an applicant for a patent refuses to accept the decision of the patent administration department of the State Council to reject the application, he may, within 3 months from the date of receiving the notice, request a reexamination from the patent administration department of the State Council. 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.