What if an application for a patent for invention is rejected after publication?

If a party's application for a patent for invention is rejected after its publication, it may apply for reexamination. If the applicant for a patent refuses to accept the decision of the patent administration department in the State Council to reject the application, he may, within the statutory time limit (within three months from the date of receiving the notice), request a reexamination from the patent administration department in the State Council.

legal ground

Article 41 of the Detailed Rules for the Implementation of the Patent Law of People's Republic of China (PRC).

If the patent applicant refuses to accept the decision of the patent administration department in the State Council to reject the application, he may request a reexamination to the patent administration department in the State Council within three months from the date of receiving the notice. 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.