A citizen, a legal person or any other organization may apply for administrative reconsideration under any of the following circumstances: (1) Refusing to accept the administrative punishment decision made by the administrative organ, such as warning, fine, confiscation of illegal income, confiscation of illegal property, order to stop production or business, temporary suspension or revocation of license, temporary suspension or revocation of license, administrative detention, etc. ; (2) Refusing to accept administrative compulsory measures such as restricting personal freedom or sealing up, distraining or freezing property made by administrative organs; (3) Refusing to accept the decision made by the administrative organ to change, suspend or revoke the license, license, qualification certificate and other documents; (4) Refusing to accept the decision of the administrative organ to confirm the ownership or use right of natural resources such as land, mineral deposits, water, forests, mountains, grasslands, wasteland, beaches and sea areas; (five) that the administrative organ has infringed upon the legitimate right to operate independently; (six) the administrative organ changes or cancels the agricultural contract, which infringes upon its legitimate rights and interests; (seven) that the administrative organs illegally raise funds, collect property, apportion expenses or illegally require other obligations; (eight) that meets the statutory conditions, apply for administrative organs to issue permits, licenses, qualification certificates, qualification certificates and other documents, or apply for administrative organs to examine and approve and register related matters, and the administrative organs fail to handle them according to law; (nine) apply to the administrative organ to perform the statutory duties of protecting personal rights, property rights and the right to education, and the administrative organ fails to perform them according to law; (ten) to apply for an administrative organ to issue a pension, social insurance premium or minimum living allowance according to law, and the administrative organ fails to issue it according to law; (eleven) that other specific administrative acts of administrative organs infringe upon their legitimate rights and interests.
Legal objectivity:
According to the provisions of the Administrative Reconsideration Law, if China National Intellectual Property Administration refuses to accept a specific administrative act, he can only apply for administrative reconsideration. Article 5 of the Administrative Reconsideration Rules lists the specific administrative acts that can be applied for reconsideration as follows: (1) The patent applicant refuses to accept his application; (2) Where the applicant for a patent disputes the determination of the filing date; (3) The patent applicant refuses to accept the failure to claim priority; (four) the patent applicant refuses to accept whether his patent application is regarded as a confidential patent application; (5) The patent applicant refuses to accept the withdrawal of the patent application; (six) the patent applicant refuses to accept, as a waiver of the right to obtain a patent right; (seven) the patentee refuses to accept the termination of the patent right; (eight) the patent applicant and the patentee lost their rights due to the delay of the relevant time limit and requested to restore their rights but failed to restore them; (9) The patentee refuses to accept the decision to grant a compulsory license; (10) The claimant of compulsory license refuses to accept the decision to terminate the compulsory license; (eleven) the applicant for an international application refuses to accept the termination of the international patent application in China National Intellectual Property Administration according to the provisions of Article 102 of the Detailed Rules for the Implementation of the Patent Law; (12) The applicant of an international application refuses to accept the reexamination decision made by China National Intellectual Property Administration in accordance with Article 115 of the Detailed Rules for the Implementation of the Patent Law; (thirteen) the layout design registration applicant refuses to accept the layout design application; (14) The applicant for layout design registration refuses to accept the application for layout design; (15) The applicant for layout-design registration or the right holder of layout-design loses his rights due to the delay of the relevant time limit and requests to restore his rights but fails to do so; (16) The right holder of the layout design refuses to accept the decision on involuntary licensing; (17) The obligee of layout-design or the alleged infringer refuses to accept the administrative punishment for infringing the exclusive right of layout-design; (eighteen) the patent agency refuses to accept the revocation of its agency punishment; (nineteen) the patent agent refuses to accept the punishment of revoking his "Patent Agent Qualification Certificate"; (twenty) citizens, legal persons and other organizations believe that other specific administrative acts made by China National Intellectual Property Administration infringe upon their legitimate rights and interests. The last item belongs to the "bottom-up" clause, including some other specific administrative acts made by China National Intellectual Property Administration, such as: the application for division is regarded as not being dissatisfied; Refusing to accept the fee reduction; Refusing to accept a refund; Dissatisfied with the change of the description project; The statement on the change of the recorded project is regarded as unsatisfactory; Refuses to accept the suspension procedure; The request to consider the suspension of the proceedings has not been rejected; Dissatisfied with the unsaved samples of biomaterials, and so on. In addition to the specific administrative acts listed above, if you are not satisfied with the specific administrative acts in the form of omission in China National Intellectual Property Administration, you can also apply for reconsideration. For example, the parties concerned lost their rights due to the delay of the relevant time limit and requested to restore their rights. After a reasonable period, China National Intellectual Property Administration did not make a decision on whether to approve the restoration of rights. In addition, according to the provisions of Article 7 of the Administrative Reconsideration Law, citizens, legal persons and other organizations think that the following provisions of the departmental rules on which a specific administrative act is based in China National Intellectual Property Administration are illegal, and when applying for administrative reconsideration for a specific administrative act, they may apply to China National Intellectual Property Administration for review of the provisions.