What if the patent application has been reviewed?

Where the patent application exceeds the time for reexamination, it shall be deemed to have been withdrawn and there is no remedial measure. According to the relevant laws and regulations, the patent administrative department of the State Council requested substantive examination. If the applicant fails to request substantive examination within the time limit without justifiable reasons, the application shall be deemed to have been withdrawn. If the applicant reapplies within the time limit, the patent administration department may make a decision not to accept it.

legal ground

Article 35 of the Patent Law of People's Republic of China (PRC) came into force on June/0/2002 1.

Within three years from the date of filing, the patent administration department of the State Council may conduct substantive examination according to the request made by the applicant at any time; If the applicant fails to request substantive examination within the time limit without justifiable reasons, the application shall be deemed to have been withdrawn.

The patent administrative department of the State Council may, when it deems it necessary, examine the application for a patent for invention on its own.

Article 36

When requesting substantive examination, the applicant for a patent for invention shall submit reference materials related to his invention before the filing date.

Where an application for a patent for invention is filed in a foreign country, the patent administration department of the State Council may require the applicant to submit the information retrieved during the examination of his application in that country or the information on the examination results within a specified time limit; If the application is not submitted within the time limit without justifiable reasons, the application shall be deemed to have been withdrawn.