The patent reexamination process procedures include:
1. Start of the patent reexamination procedure
Time to start the patent reexamination procedure: There is a certain amount of time for the start of the patent reexamination procedure. Limitation: The patent applicant can decide whether to request reexamination within 3 months after receiving the notice of rejection of the patent application.
The subject of initiating the reexamination procedure is the patent applicant. Only the patent applicant is qualified to file a reexamination request. No other unit or individual has the right to initiate the reexamination procedure.
2. Patent reexamination review
After the Patent Reexamination Board accepts the reexamination request through formal examination and starts the reexamination process, it first sends the reexamination request together with the original application file to make a rejection application. The original review department that made the decision will conduct preliminary review. The original examination department shall submit a "preliminary examination opinion" to the Patent Reexamination Board. Except for special circumstances, the original review department shall complete the preliminary review within one month from the date of receipt of the case file.
3. Making the patent reexamination decision
The collegial panel will make a reexamination decision after review. There are two broad categories of review decisions. One is to revoke the original rejection decision. The patent application will be restored to the status before the rejection decision was made, and the patent administration department of the State Council will continue the review process. The other is to uphold the original rejection decision. In this case, if the patent applicant is dissatisfied with the decision of the Patent Reexamination Board to uphold the original rejection, he may enter subsequent judicial relief procedures within the statutory time limit.
4. Judicial relief procedures for subsequent patent reexamination
Patent applicants who are dissatisfied with the reexamination decision made by the Patent Reexamination Board may file a lawsuit with the People’s Government within 3 months from the date of receipt of the notice. Prosecution in court. If the patent applicant fails to file a lawsuit within the prescribed time limit, the reexamination decision will take effect.