Can I sue directly if the patent application is rejected?

Legal analysis: Yes, according to the second paragraph of Article 41 of the Patent Law, if the patent applicant is not satisfied with the reexamination decision made by the Patent Reexamination Board, he may bring a lawsuit to the people's court within 3 months from the date of receiving the notice. If the patent applicant fails to bring a suit within the time limit, the reexamination decision will take effect.

Legal basis: Article 41 of the Patent Law of People's Republic of China (PRC), the Patent Administration Department of the State Council established the Patent Reexamination Board. If the applicant for a patent refuses to accept the decision of the patent administrative department of the State Council to reject the application, he may, within three months from the date of receiving the notice, request a reexamination with the Patent Reexamination Board. After reexamination, the Patent Reexamination Board shall make a decision and notify the patent applicant.

If the patent applicant refuses to accept the reexamination decision of the Patent Reexamination Board, he may bring a lawsuit to the people's court within three months from the date of receiving the notice.