2, the applicant in the review, should make a request, explain the reasons, and pay the review fee.
3. When requesting reexamination, the patent applicant may modify the original application, but the modification is limited to the part involved in the decision to reject the application.
4. The Patent Reexamination Board is responsible for patent reexamination. After receiving the request for review, the Committee shall submit the request for review to the original review department and put forward its opinions. The original examination department may revoke the original rejection decision or maintain the original decision. In the case of revoking the original decision, the re-examination committee may not conduct a re-examination.
5. After careful examination, the Patent Reexamination Board considers that the original decision is correct and shall make a decision to reject the request for reexamination. If the applicant refuses to accept it, he may bring a lawsuit to the people's court. However, the decision made by the Patent Reexamination Board to reject the applicant's request for reexamination of utility model and design is final, and the applicant may not bring a lawsuit to the court again.
Legal basis: Article 41 of the Patent Law of People's Republic of China (PRC). If the patent applicant 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 from the Patent Reexamination Board. Rejection decisions that can request reexamination include decisions to reject patent applications in preliminary examination and substantive examination procedures. If the claimant fails to make a request for reexamination of the rejection decision made by the Patent Office, the request for reexamination shall not be accepted.