1. Start of review process
Time for starting the reexamination procedure: There is a certain time limit for starting the reexamination procedure, and the patent applicant can decide whether to request reexamination within 3 months after receiving the notice of rejecting the patent application.
The main body of the review procedure is the patent applicant, and only the patent applicant is qualified to make a request for review, and no other unit or individual has the right to start the review procedure.
2. Review review
After the Patent Reexamination Board accepts the reexamination request through formal examination and starts the reexamination procedure, it will first send the reexamination request (including the attached supporting documents and the revised application documents) together with the original application documents to the original examination department that made the decision to reject the pre-trial application. The original examination department shall submit a "pre-examination opinion" to the Patent Reexamination Board. Except in special circumstances, the original examination department shall complete the preliminary examination within 1 month from the date of receiving the case file. If the original examination department agrees to cancel the original rejection decision in the preliminary examination opinions, the Patent Reexamination Board will directly make a reexamination decision to cancel the original rejection decision, notify the reexamination requester, and the original examination department will continue to examine and approve. If the original examination department insists on the original rejection decision in the preliminary examination opinions, the Patent Reexamination Board shall form a collegiate panel for examination.
3. The decision of review.
After examination, the collegial panel made a review decision. There are two kinds of review decisions, one is to revoke the original rejection decision. The patent application will be restored to the state before the rejection decision is made, and the patent administrative department of the State Council will continue the examination procedure. The other is to maintain the original rejection decision. In this case, if the patent applicant refuses to accept the decision made by the Patent Reexamination Board to maintain the original rejection, he may enter the subsequent judicial relief procedure within the statutory time limit.
4. Follow-up judicial relief procedures
According to the second paragraph of Article 41 of the Patent Law, if an applicant for a patent refuses to accept the reexamination decision made by the Patent Reexamination Board, he may bring a suit in a people's court within 3 months from the date of receiving the notice. If the patent applicant fails to bring a suit within the time limit, the reexamination decision will take effect.
Legal basis: Article 41 of the Patent Law of People's Republic of China (PRC), the Patent Administration Department of the State Council established the Patent Reexamination Board. If the applicant for a patent refuses to accept the decision of the patent administrative department of the State Council to reject the application, he may, within three months from the date of receiving the notice, request a reexamination with the Patent Reexamination Board. After reexamination, the Patent Reexamination Board shall make a decision and notify the patent applicant. 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.