Detailed introduction of patent reexamination process

Patent reexamination process details introduction Patent reexamination is difficult to pass? Why do you have to wait so long for a patent reexamination after the patent application is rejected? What is the process of patent reexamination that will lead to too long time? What is the patent reexamination process? Generally speaking, the patent reexamination procedure is divided into four main parts, namely, formal examination, preliminary examination, collegial examination and reexamination decision. Patent Reexamination Process (1) Formal examination After receiving the reexamination request submitted by the requester, the Patent Reexamination Board shall first conduct formal examination. The main contents of formal examination include: the object of examination request, the time limit of examination request, the qualification of examination applicant, examination fee, examination reason, the format and content of examination request, and the power of attorney of patent agency when necessary. If there is no request for reexamination of the rejection decision made by China National Intellectual Property Administration Patent Office, or the time for making the request for reexamination exceeds the statutory three-month period, or the applicant for reexamination is not the applicant of the rejected patent application, the request for reexamination will not be accepted. (II) Pre-trial According to the provisions of Article 61 of the Detailed Rules for the Implementation of the Patent Law, the Patent Reexamination Board shall submit the request for re-examination (including the attached supporting documents and the revised application documents) together with the original application documents to the original examination department that made the rejection decision for examination. This kind of inspection is called pre-inspection. According to the requirements of section 3. 1 in Chapter II of Part IV of the Review Guide, except in special circumstances, the original review department should generally complete the review within one month after receiving the case file and make a pre-trial opinion. If the applicant for reexamination submits the revised text during reexamination, the preliminary examination shall first examine whether the revision of the application documents is limited to eliminating the defects pointed out in the rejection decision. In accordance with the provisions, the revised text as the basis for pre-trial; Do not meet the requirements, insist on rejecting the decision, and explain in detail the opinions that do not meet the requirements. If the applicant for reexamination submits new evidence or states new reasons, the evidence or reasons shall be examined during the preliminary examination.