according to the provisions of the patent law and the detailed rules for the implementation of the patent law, if the patent applicant is not satisfied with the decision of the patent administration department of the State Council to reject the application, he may, within 3 months from the date of receiving the notice, request the patent reexamination board for reexamination.
The patent reexamination procedure is a remedy for the applicant when the patent application is rejected. Only the patent applicant has the right to start the patent reexamination procedure. What materials should be submitted for patent reexamination? What are the procedures for applying for patent reexamination? This article will have a detailed explanation.
1. What materials should be submitted for patent re-examination
Materials should be submitted for patent re-examination:
Where a request for re-examination is made to the Patent Re-examination Board in accordance with Article 41 of the Patent Law, a request for re-examination shall be submitted, the reasons shall be explained, and relevant evidence shall be attached if necessary.
if the 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 responding 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 the notice of review.
the revised patent application documents shall be submitted in duplicate.
ii. process of applying for patent reexamination
1. reexamination
the patent reexamination board shall forward the accepted request for reexamination to the original examination department of the State Council patent administration department for examination. If the original examination department agrees to revoke 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.
after reexamination, if the Patent Reexamination Board considers that the reexamination request does not conform to the relevant provisions of the Patent Law and the Detailed Rules of the Patent Law, it shall notify the reexamination requester and ask him to state his opinions within a specified time limit. If there is no reply at the expiration of the time limit, the request for reexamination shall be deemed to have been withdrawn; After stating opinions or making amendments, if the Patent Reexamination Board considers that it still does not conform to the relevant provisions of the Patent Law and these Rules, it shall make a reexamination decision to maintain the original rejection decision.
after reexamination, if the Patent Reexamination Board considers that the original rejection decision does not conform to the relevant provisions of the Patent Law and the Detailed Rules of the Patent Law, or that the revised patent application document eliminates the defects pointed out in the original rejection decision, it shall revoke the original rejection decision and the original examination department shall continue the examination procedure.
2. Withdrawal and termination of reexamination
Before the Patent Reexamination Board makes a decision, the petitioner may withdraw his request for reexamination. Where the reexamination claimant withdraws his reexamination request before the Patent Reexamination Board makes a decision, the reexamination procedure shall be terminated.
The above is an introduction to what materials should be submitted for patent reexamination and the process of applying for patent reexamination. I hope it can help you.