How to submit an application for patent reexamination?
How to submit an application for patent reexamination? The patent reexamination procedure has a certain time limit, and the patent applicant can decide whether to request reexamination within 3 months after receiving the notice of rejecting the patent application. The main body of the review procedure is the patent applicant, and only the patent applicant is qualified to make a request for review, and no other unit or individual has the right to start the review procedure. After the Patent Reexamination Board accepts the reexamination request through formal examination and starts the reexamination procedure, it will first send the reexamination request (including the attached supporting documents and the revised application documents) together with the original application documents to the original examination department that made the decision to reject the pre-trial application. The original examination department shall submit a "pre-examination opinion" to the Patent Reexamination Board. Except in special circumstances, the original examination department shall complete the preliminary examination within 1 month from the date of receiving the case file. If the original examination department agrees to cancel the original rejection decision in the preliminary examination opinions, the Patent Reexamination Board will directly make a reexamination decision to cancel the original rejection decision, notify the reexamination requester, and the original examination department will continue to examine and approve. If the original examination department insists on the original rejection decision in the preliminary examination opinions, the Patent Reexamination Board shall form a collegiate panel for examination. After examination, the collegial panel made a review decision. There are two kinds of review decisions, one is to revoke the original rejection decision. The patent application will be restored to the state before the rejection decision is made, and the patent administrative department of the State Council will continue the examination procedure. The other is to maintain the original rejection decision. In this case, if the patent applicant refuses to accept the decision made by the Patent Reexamination Board to maintain the original rejection, he may enter the subsequent judicial relief procedure within the statutory time limit.