There is a time limit for patent re-examination. The applicant shall request a re-examination from the Patent Department of the State Council within three months from the date of receipt of the notification of rejection of the application; if he is dissatisfied with the re-examination decision, he may request a re-examination within three months from the date of receipt of the notification. File a lawsuit with the People's Court within three months. Even after a patent is granted, if an organization or individual believes that it does not comply with the regulations, it can apply to declare the patent invalid.
Legal Basis
Article 41 of the Patent Law of the People’s Republic of China
A patent applicant’s rejection of an application by the Patent Administration Department of the State Council If you are dissatisfied with the decision, you may request a review from the patent administration department of the State Council within three months from the date of receipt of the notice. After review, the patent administration department of the State Council will make a decision and notify the patent applicant.
If a patent applicant is dissatisfied with the reexamination decision of the Patent Administration Department of the State Council, he may file a lawsuit in the People's Court within three months from the date of receipt of the notice.
Article 45
From the date when the patent administration department of the State Council announces the grant of a patent right, if any unit or individual believes that the grant of the patent right does not comply with the relevant provisions of this Law, You can request the patent administration department of the State Council to declare the patent right invalid.