First, the acceptance is based on the review of the application by the reconsideration organ, and the scope of review includes:
1, check whether it meets the general conditions of application. After the applicant files an application for reconsideration, the reconsideration organ shall examine whether the application for reconsideration meets the requirements for reconsideration;
2. Review whether it exceeds the statutory application time limit. If the application for reconsideration exceeds the application period and the application for extension of the time limit is not justified, the reconsideration organ shall not accept it;
3. Review whether the application is repeated. For administrative reconsideration cases that have been handled or are being tried by the reconsideration organ, the applicant can no longer apply to the reconsideration organ for reconsideration with the same request and the same reason;
4. Review whether a lawsuit has been filed. Citizens, legal persons or other organizations that have brought a lawsuit to the people's court may not apply to the administrative organ for reconsideration.
Two, the patent office mainly accepts the following types of applications for reconsideration:
1, the patent applicant refuses to accept the patent application of the Patent Office;
2. The patent applicant is controversial about the filing date determined by the Patent Office;
3. The patent applicant refuses to accept the patent office's refusal to confirm its priority;
4. The patent applicant refuses to accept the decision made by the Patent Office to treat his patent application as confidential or not to keep it confidential;
5. The patent applicant or patentee delays the relevant time limit, so that his patent application is deemed to be withdrawn or his patent right is deemed to be abandoned; After the termination of the patent right, the patent applicant or patentee requests the Patent Office to restore the right and refuses to accept the decision of the Patent Office not to restore the right;
6. The patentee refuses to accept the compulsory licensing decision made by the Patent Office;
7. The patent agency refuses to accept the punishment made by the Patent Office to revoke its agency;
8. The patent agent refuses to accept the punishment made by the Patent Office to revoke his "Patent Agent Qualification Certificate";
9, the patent applicant, the patentee and other interested parties think that other specific administrative acts made by the patent office infringe upon their legitimate rights and interests.
Legal basis:
Article 11 of the Administrative Reconsideration Law of People's Republic of China (PRC), the applicant may apply for administrative reconsideration in writing or orally; Where an oral application is made, the administrative reconsideration organ shall record the basic information of the applicant, the request for administrative reconsideration, the main facts, reasons and time for applying for administrative reconsideration on the spot.