The patent applicant requests reexamination as follows: According to Article 41 of the Patent Law of People's Republic of China (PRC), the patent administrative department of the State Council has established a 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. Article 60 of the Detailed Rules for the Implementation of the Patent Law stipulates that anyone who requests a reexamination from the Patent Reexamination Board in accordance with the provisions of Article 41 of the Patent Law shall submit a reexamination request, explain the reasons and attach relevant evidence when necessary. Where the request for reexamination does not conform to the provisions of Article 19, paragraph 1, or Article 41, paragraph 1 of the Patent Law, the Patent Reexamination Board shall not accept it, and shall notify the petitioner in writing and explain the reasons. If the written request for reexamination does not conform to the prescribed format, the person requesting reexamination shall make corrections within the time limit specified by the Patent Reexamination Board; If no correction is made at the expiration of the time limit, the request for reexamination shall be deemed not to have been made. Article 61 An applicant may amend the patent application documents when making a request for reexamination or replying to the notice of reexamination from the Patent Reexamination Board. However, the amendment should be limited to eliminating the defects pointed out in the rejection decision or review notice. The revised patent application documents shall be submitted in duplicate.
Legal objectivity:
Article 41 of the Patent Law Where an 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 3 months from the date of receiving the notice, request the patent administration department in the State Council for a 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.