What should I pay attention to when applying for patent reexamination?
Hello, what questions should be paid attention to when applying for patent reexamination are answered as follows, and what matters should be paid attention to when applying for patent reexamination 1. The request for re-examination shall adopt a unified request for re-examination from the Patent Office, and all contents shall be filled in according to the requirements of the instructions attached to the request for re-examination. If the applicant for reexamination is an individual, he shall sign or seal the request for reexamination; If the applicant for reexamination is a unit, it shall be stamped with the official seal of the unit. If there is more than one reexamination claimant, it shall be signed and sealed by all reexamination claimants. If an agency is entrusted, the agency shall affix its official seal. If the request does not conform to the prescribed standard format, the re-examination committee will ask for correction, and the re-examination request that has not been corrected within the time limit shall be regarded as not submitted. 2. The reason for the request for reexamination must be the rejection of the patent application as stipulated in Article 4 1 of the Patent Law, including the rejection of the first instance and the rejection of the actual trial. If it does not belong to the rejected patent application, its application will not be accepted because it does not belong to the scope of reexamination. 3. The applicant for reexamination must be the applicant whose patent application has been rejected. If there is more than one applicant, it is required that all applicants for reexamination, otherwise it will not be accepted. 4. The request for reexamination must be made within the 3-month period stipulated in Article 4 1 of the Patent Law, plus the mailing time, which means that the request for reexamination must be made within 3 months and 0 15 days from the date of the notification of rejection of the patent application, otherwise the request for reexamination will not be accepted. If the above-mentioned time limit is delayed due to irresistible reasons, it shall, within 2 months from the date when the obstacle is removed, and at the latest within 2 years from the date when the time limit expires, explain the reasons and attach relevant supporting documents, go through the formalities for the restoration of rights and request the restoration of rights. Where the time limit is delayed due to justifiable reasons, the patent administration department shall explain the reasons within 2 months from the date of receiving the notice and request to restore the rights. If the right is restored, the right restoration request fee shall be paid. 5. The reexamination request fee must be paid in accordance with the provisions of Article 43 of the Patent Law. Failure to pay or pay in full at the expiration of the time limit shall be deemed as failure to make a request for review. The re-examination request fee can be reduced, and the reduction ratio is the proportion approved when applying for a patent. 6. Where a patent agency is entrusted, a power of attorney signed or sealed by the applicant shall be invited, and the authorization authority shall be specified, otherwise it shall be deemed as not entrusted. 7. The applicant for reexamination shall bear the burden of proof for the facts he claims, and if evidence is needed, he shall provide evidence that can fully support his claims. Evidence includes documentary evidence, physical evidence, video materials, witness testimony, statements of the parties, expert conclusions, etc. Evidence must have three elements: authenticity, legality and relevance. When using indirect evidence, it is necessary to form a complete proof system and the conclusion must be unique. If foreign evidence is used, the Chinese translation of the part used shall be submitted at the same time as the foreign evidence. If it cannot be submitted at the same time, it shall be submitted on its own initiative or within the time limit specified by the Patent Reexamination Board, otherwise the foreign language evidence shall be regarded as not submitted. The evidence shall be submitted to the original or original, and if it cannot be submitted, it may be notarized according to law.