Regarding the administrative reconsideration of Class I patents, when applying for reconsideration, the conditions such as the legal applicant, the scope of reconsideration matters, the time limit for reconsideration, the request for reconsideration and evidence shall be met. Specifically, it includes:
(1) The applicant refers to the patent applicant, patentee, layout-design registration applicant, layout-design obligee and other interested parties who believe that the specific administrative act of China National Intellectual Property Administration infringes upon their legitimate rights and interests, among which the interested parties refer to those whose legitimate rights and interests may be affected by the specific administrative act. (2) Having a specific request for reconsideration and necessary evidence. (3) It falls within the scope of application for reconsideration. For example, rejection can be done without administrative reconsideration. (4).
To apply for reconsideration, an application for reconsideration shall be submitted in duplicate with necessary evidential materials. The application for reconsideration shall contain the following contents:
(1) Name and mailing address of the applicant (2) Specific reconsideration request and reasons (3) Signature or seal of the reconsideration applicant. If China National Intellectual Property Administration makes a specific administrative act in written form, it shall be accompanied by a document or a copy thereof. If an agent is entrusted, a power of attorney shall be attached.
With regard to the second category of patent administrative reconsideration, in accordance with the general provisions of the Administrative Reconsideration Law, an application for administrative reconsideration may be filed within 60 days from the date of knowing the specific administrative act. If the applicant applies for administrative reconsideration in writing or orally, the administrative reconsideration organ shall record the basic information of the applicant, the request for administrative reconsideration, the main facts, reasons and time for applying for administrative reconsideration on the spot.
2. Accepting country of patent administrative reconsideration
With regard to the administrative reconsideration of Class I patents, the Legislative Affairs Office of China National Intellectual Property Administration shall, within five days from the date of receiving the application for reconsideration, handle the application as follows: (1) If the application for reconsideration conforms to the provisions of the Regulations on Administrative Reconsideration, it shall be accepted and a notice of acceptance shall be issued to the applicant for reconsideration; (2) If the application for reconsideration does not conform to the provisions of the Regulations on Administrative Reconsideration, it shall be decided not to accept it and the reasons shall be informed in writing. (3) If the application for reconsideration does not conform to the provisions of Articles 13 and 14 of the Regulations on Administrative Reconsideration, the applicant shall be notified not to apply for reconsideration within the specified time limit.
With regard to the second category of patent administrative reconsideration, according to Article 17 of the Administrative Reconsideration Law: "After receiving the application for administrative reconsideration, the administrative reconsideration organ shall examine it within 5 days, decide not to accept the application for administrative reconsideration that does not meet the requirements of this Law, and inform the applicant in writing of the application for administrative reconsideration that meets the requirements of this Law but does not belong to this organ.
Legal basis: Article 38 of the Administrative Procedure Law of the People's Republic of China, if a citizen, legal person or other organization applies to an administrative organ for reconsideration, the reconsideration organ shall make a decision within 2 months from the date of receiving the application. Except as otherwise provided by laws and regulations. If the applicant refuses to accept the reconsideration decision, he may bring a lawsuit to the people's court within 15Et from the date of receiving the reconsideration decision. If the reconsideration organ fails to make a decision within the time limit, the applicant may bring a lawsuit to the people's court from the date of expiration of the reconsideration 15El. Except as otherwise provided by law.