How long is the patent reexamination period?

Legal analysis: the time limit for patent reexamination is within three months from the date of receiving the notice of rejecting the patent application. According to the Patent Law of People's Republic of China (PRC), the Patent Administration Department of the State Council established the 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.

Legal basis: People's Republic of China (PRC) Patent Law.

Article 4 Where an invention-creation applying for a patent involves national security or vital interests and needs to be kept confidential, it shall be handled in accordance with the relevant provisions of the state.

Article 5 No patent right shall be granted for inventions and creations that violate laws, social ethics or harm public interests.

No patent right shall be granted to inventions and creations obtained or utilized in violation of laws and administrative regulations and completed by relying on genetic resources.

Article 6 Inventions and creations made by performing the tasks of the unit or mainly using the material and technical conditions of the unit are service inventions and creations. The right to apply for a patent for a service invention-creation belongs to the unit. After the application is approved, the unit becomes the patentee. Units may dispose of the patent application right and patent right of their service inventions and creations according to law, and promote the implementation and application of related inventions and creations.