How long will it take to review the patent rejection?

The patent rejection review has three months. According to the relevant laws and regulations, if the patent applicant refuses to accept the decision of the patent administration department in the State Council to reject his patent application, he may, within three months from the date of receiving the notice, submit a written application for reexamination to the patent administration department in the State Council, which made the decision to reject the application.

legal ground

Article 41 of the Patent Law of People's Republic of China (PRC) shall come into force on June 1 20265438.

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