The legal basis is the patent law-
Article 41 Within three months from the date of publication of the patent application, any person may file an objection with the Patent Office in accordance with this Law. The Patent Office shall send a copy of the objection to the applicant, and the applicant shall submit a written reply within three months from the date of receiving the copy of the objection; If a written reply is not given within the time limit without justifiable reasons, the application shall be deemed to be withdrawn.
Article 42 If the Patent Office finds that the objection is established after examination, it shall make a decision to reject the application and notify the objector and the applicant.
Article 43 The Patent Office shall establish a Patent Reexamination Board. If the applicant refuses to accept the decision of the Patent Office to reject the application, he may, within three months from the date of receiving the notice, request the Patent Reexamination Board for reexamination. After reexamination, the Patent Reexamination Board shall make a decision and notify the applicant.
If the applicant for a patent for invention refuses to accept the decision of the Patent Reexamination Board to reject the request for reexamination, he may bring a suit in a people's court within three months from the date of receiving the notice.
The decision made by the Patent Reexamination Board on the applicant's request for reexamination of utility model and design is final.
Article 44 If there is no objection to the patent application or the objection is not established after examination, the Patent Office shall make a decision to grant the patent right, issue a patent certificate, and register and announce relevant matters.