Restoration-If the party concerned delays the time limit specified in the Patent Law or these Detailed Rules or the time limit specified by the patent administration department in the State Council due to irresistible reasons, resulting in the loss of his rights, he may, within two months from the date when the obstacle is removed, at the latest within two years from the date when the time limit expires, explain the reasons to the patent administration department in the State Council, and attach relevant supporting documents to request the restoration of his rights.
Where a party concerned delays the time limit specified in the Patent Law or these Detailed Rules or the time limit specified by the patent administration department in the State Council for justifiable reasons, resulting in the loss of his rights, he may explain the reasons to the patent administration department in the State Council within 2 months from the date of receiving the notice from the patent administration department in the State Council and request the restoration of his rights.
Re-examination-If the patent applicant refuses to accept the decision of the the State Council Patent Administration Department to reject the application, he may, within three months from the date of receiving the notice, request a re-examination from the Patent Reexamination Board. After reexamination, the Patent Reexamination Board shall make a decision and notify the patent applicant.
Prosecution-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.
Administrative reconsideration-In any of the following circumstances, you may apply for patent reconsideration:
The patent applicant refuses to accept his application;
The determination of the filing date is disputed by the patent applicant;
The patent applicant refuses to accept the claim for priority;
The patent applicant refuses to accept whether his patent application is regarded as a confidential patent application;
The patent applicant refuses to accept the withdrawal of the patent application;
If the patent applicant refuses to accept it, it shall be deemed as giving up the patent right;
The patent applicant and the patentee have lost their rights due to the delay of the relevant time limit and requested to restore their rights but failed to do so;
The applicant of the international application refuses to accept the reexamination decision made by China National Intellectual Property Administration in accordance with Article 116 of the Detailed Rules for the Implementation of the Patent Law. In any of the following circumstances, it may not apply for administrative reconsideration:
The patent applicant refuses to accept the decision to reject the patent application;
The patent applicant refuses to accept the reexamination decision;
The applicant of an international application refuses to accept the decision made by China National Intellectual Property Administration as the accepting unit, international search unit and international preliminary examination unit of the international application.
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