Legal analysis
If there is no review period of more than 3 months, you must apply for a review first, and you can sue again if you are dissatisfied with the review. After the end of the review period, if there is an opportunity to apply for the restoration of rights again, whether it can be restored is decided by the review Committee. If the rights cannot be restored after the time limit for re-examination, it can be handled in the following ways: According to the provisions of the Patent Law, if the application for patent re-examination exceeds the time limit, the patent administration department has the right to decide not to accept it, and the patent applicant can bring a lawsuit to the court. The Patent Administration Department of the State Council has set up the Patent Reexamination Board. If the applicant for a patent refuses to accept the decision of the administrative department for patent in the State Council to reject the application, he may, within three months from the date of receiving the notice, request the Patent Reexamination Board for reexamination, and shall submit a request for reexamination, explain the reasons, and attach relevant evidence when necessary. 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. The claimant may modify the patent application documents when making a request for reexamination or replying to the notice of reexamination of 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. The Patent Reexamination Board shall forward the accepted reexamination request to the original examination department of the patent administration department of the State Council for examination. If the original examination department agrees to cancel the original decision at the request of the reexamination claimant, the Patent Reexamination Board shall make a reexamination decision accordingly and notify the reexamination claimant.
legal ground
Decision XI of NPC Standing Committee on Amending the Patent Law of People's Republic of China (PRC). Article 41 is amended as: "If the patent applicant refuses to accept the decision of the patent administration department in the State Council to reject the application, he may request a reexamination to the patent administration department in the State Council within three months from the date of receiving the notice. After the review, the patent administrative department of the State Council will 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. "