What if the patent application is rejected?

Legal analysis: When the patent application is rejected, if the patent applicant is not satisfied with the decision of the the State Council Patent Administration Department to reject the application, he may, within three months from the date of receiving the notice, request a reexamination from the Patent Reexamination Board. After reexamination, the Patent Reexamination Board shall make a decision and notify the patent applicant.

Legal basis: Article 41 of the Patent Law of People's Republic of China (PRC).

If the patent applicant refuses to accept the decision of the patent administration department in the State Council to reject the application, he may request a reexamination to the patent administration department in the State Council within three months from the date of receiving the notice. After the review, the patent administration department in the State Council shall make a decision and notify the patent applicant.

If the patent applicant refuses to accept the reexamination decision of the patent administrative department of the State Council, he may bring a lawsuit to the people's court within three months from the date of receiving the notice.