If the patent reply is rejected, can the decision be postponed?

the decision on the rejection of patent reply cannot be extended. But you can apply for a review. According to the relevant laws and regulations, if a party refuses to accept the patent reply and rejects the decision, it shall submit a request for reexamination to the Reexamination Board. The rejection of an application for a patent for invention refers to China National Intellectual Property Administration's decision to refuse to grant a patent right after the applicant's reply that the application for a patent for invention still has substantial defects as stipulated in the Patent Law.

Legal basis

Article 34 of the Patent Law of the People's Republic of China, which came into effect on June 1, 221

After receiving an application for a patent for invention, the administrative department for patent in the State Council, after preliminary examination, finds that it meets the requirements of this law, will publish it at the expiration of 18 months from the date of application. The patent administration department of the State Council may publish its application at an early date upon the request of the applicant.

Article 35

Within three years from the date of filing, the patent administration department in the State Council may, upon the request of the applicant at any time, conduct substantive examination of the application; If the applicant fails to request substantive examination within the time limit without justifiable reasons, the application shall be deemed to have been withdrawn.

when the administrative department for patent in the State Council deems it necessary, it may examine the application for a patent for invention on its own.