Can patent reexamination be entrusted to an agency alone?

(1) Where the applicant for reexamination entrusts a patent agency to request reexamination, or cancels or abandons the entrustment, it shall refer to the relevant provisions of the patent examination guidelines and go to the Patent Office for handling. However, if the reexamination applicant entrusts a patent agency in the reexamination procedure, and the power of attorney states that its entrustment authority is limited to handling matters related to the reexamination procedure, the formalities of entrustment or revocation or resignation shall be handled in the Patent Reexamination Board with reference to the above provisions, and there is no need to go through the formalities of filing project changes.

Where the applicant for reexamination goes through the entrustment formalities in the Patent Reexamination Board, but the power of attorney submitted does not specify that the entrustment authority is limited to the matters related to the reexamination procedure, it shall make corrections within the specified time limit; If no correction is made at the expiration of the period, it shall be deemed as not entrusted.

(2) If the applicant for reexamination has entrusted relationships with multiple patent agencies at the same time, he shall designate one of them as the recipient in writing; If it is not specified, the Patent Reexamination Board will regard the patent agency entrusted first in the reexamination procedure as the addressee; If there are more than one patent agency entrusted first, the Patent Reexamination Board will regard the patent agency that signed first as the recipient; If the signatures are out of order (entrusted separately on the same day), the Patent Reexamination Board shall notify the reexamination requester to specify them within a specified time limit; If it is not specified within the prescribed time limit, it shall be deemed as not entrusted.

(3) If a foreigner, foreign enterprise or other foreign organization that has no habitual residence or business office in China according to the Patent Law applies for a patent and handles other patent affairs in China, it shall entrust a patent agency designated by China National Intellectual Property Administration with the request for reexamination; If it fails to make corrections in accordance with the provisions, the Patent Reexamination Board shall notify the reexamination claimant to make corrections within a specified time limit; If no correction is made within the time limit, the request for review shall be deemed not to have been made; If no correction is made within the time limit, the request for review will not be accepted.