The reexamination of the patent application will be conducted by oral examination. According to relevant legal provisions, after the Patent Reexamination Board conducts a reexamination, if the reexamination request does not comply with the relevant laws and regulations of the Patent Law, it shall notify the reexamination requester and require him to state his opinions within a specified period.
Legal Basis
Article 63 of the "Implementing Rules for the Patent Law of the People's Republic of China"
After the reexamination, the Patent Reexamination Board held that the reexamination If the request does not comply with the relevant provisions of the Patent Law and these Rules, the reexamination requester shall be notified and required to state his opinions within a specified time limit. If there is no reply within the time limit, the reexamination request shall be deemed to have been withdrawn; after stating its opinions or making modifications, if the Patent Reexamination Board believes that it still does not comply with the relevant provisions of the Patent Law and these Rules, it shall make a reexamination decision to uphold the original rejection decision.
After the Patent Reexamination Board conducts a reexamination, if it believes that the original rejection decision does not comply with the relevant provisions of the Patent Law and these Rules, or if it believes that the revised patent application documents have eliminated the defects pointed out in the original rejection decision, the original rejection decision shall be revoked. If the decision is rejected, the original review department will continue the review process.