What does the patent administrative reconsideration include?

Legal analysis: Administrative reconsideration in patents includes the following situations: (1) Refusing to accept China National Intellectual Property Administration's specific administrative act on patent application and patent right; (2) Refusing to accept the specific administrative act made by China National Intellectual Property Administration concerning the application for registration of layout design of integrated circuits and the exclusive right of layout design; (3) Refusing to accept the procedural decisions of patent reexamination and invalidation made by the Patent Reexamination Board of the State Intellectual Property Office.

Legal basis: Article 3 of People's Republic of China (PRC) Administrative Reconsideration Law The administrative organ that performs the duties of administrative reconsideration according to this law is the administrative reconsideration organ. The institution in charge of legal affairs of the administrative reconsideration organ shall specifically handle administrative reconsideration matters and perform the following duties:

(1) Accepting applications for administrative reconsideration;

(2) Investigating and collecting evidence from relevant organizations and personnel, and consulting documents and materials;

(three) to examine whether the specific administrative act of applying for administrative reconsideration is legal and appropriate, and to formulate the administrative reconsideration decision;

(4) Handling or forwarding the application for examination of the relevant provisions listed in Article 7 of this Law;

(five) in accordance with the prescribed authority and procedures, put forward suggestions for handling the acts of administrative organs in violation of the provisions of this law;

(six) to handle the matters of responding to the administrative litigation brought by the administrative reconsideration decision;

(seven) other duties as prescribed by laws and regulations.

Persons who engage in administrative reconsideration for the first time in administrative organs shall obtain legal professional qualifications through the national unified legal professional qualification examination.