After the patent is rejected for reexamination and a lawsuit is brought to the people's court, it can be resumed if the court decides to support the lawsuit. Article 41 of the Patent Law of People's Republic of China (PRC) stipulates that a patent applicant who refuses to accept the reexamination decision of the patent administrative department of the State Council may bring a lawsuit to the people's court within three months from the date of receiving the notice.
Legal objectivity:
Article 41 of the Patent Law of People's Republic of China (PRC) If an applicant for a patent refuses to accept the decision of the patent administration department of the State Council to reject the application, he may, within 3 months from the date of receiving the notice, request a reexamination from the patent administration department of the State Council. 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.