1. patent application reexamination is a system in which the patent applicant refuses to accept the decision of the patent office to reject the application and requests reexamination, and the patent office retries the application according to the applicant's request.
2, the applicant in the review, should make a request, explain the reasons, and pay the review fee.
3. When requesting reexamination, the patent applicant may modify the original application, but the modification is limited to the part involved in the decision to reject the application.
4. The Patent Reexamination Board is responsible for patent reexamination. After receiving the request for review, the Committee shall submit the request for review to the original review department and put forward its opinions. The original examination department may revoke the original rejection decision or maintain the original decision. In the case of revoking the original decision, the re-examination committee may not conduct a re-examination.
5. After careful examination, the Patent Reexamination Board considers that the original decision is correct and shall make a decision to reject the request for reexamination. If the applicant refuses to accept it, he may bring a lawsuit to the people's court. However, the decision made by the Patent Reexamination Board to reject the applicant's request for reexamination of utility model and design is final, and the applicant may not bring a lawsuit to the court again.
What materials should be prepared for patent reexamination?
1, requesting review
Where a request for reexamination is filed with the Patent Reexamination Board in accordance with the provisions of Article 41 of the Patent Law, a request for reexamination shall be submitted, the reasons shall be explained, and relevant evidence shall be attached when necessary. If the written request for reexamination does not conform to the prescribed format, the person requesting reexamination shall make corrections within the time limit specified by the Patent Reexamination Board; If no correction is made at the expiration of the time limit, the request for reexamination shall be deemed not to have been made.
2. Basic identity information
A patent applied by an individual requires personal identification; If the application is made by an enterprise, a copy of the business license of the enterprise shall be provided.
3. Technical data
For patent rejection notice, reexamination request, application documents and OA reply materials. The claimant may modify the patent application documents when making a request for reexamination or replying to the notice of reexamination of the Patent Reexamination Board; However, the amendment should be limited to eliminating the defects pointed out in the rejection decision or review notice. The revised patent application documents shall be submitted in duplicate.
What are the precautions in patent reexamination?
The request for re-examination shall adopt a unified request for re-examination from the Patent Office, and all contents shall be filled in according to the requirements of "Notes on Filling in Forms" attached to the request for re-examination. If the applicant for reexamination is an individual, he shall sign or seal the request for reexamination; If the applicant for reexamination is a unit, it shall be stamped with the official seal of the unit. If there is more than one reexamination claimant, it shall be signed and sealed by all reexamination claimants. If an agency is entrusted, the agency shall affix its official seal.
If the claimant refuses to accept the decision of the Reexamination Board, he may bring a suit in a people's court within 3 months from the date of receiving the decision of the Patent Reexamination Board to reject his request for instructions. For more patent application review information, please consult Shangbiao Intellectual Property!