What if the patent application is rejected?

How to deal with the rejected patent application: If the rejected patent application is found to meet the application conditions, the patent applicant may, within three months from the date of receiving the notice, request the patent administration department of the State Council for reexamination. If the applicant confirms that the application is unqualified, he can supplement it all and then file a patent application again.

legal ground

Article 41 of the Detailed Rules for the Implementation of the Patent Law of People's Republic of China (PRC).

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 administration department in the State Council shall 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.