What is patent application reexamination?

Legal analysis: the reexamination of patent application is a system in which the patent applicant refuses to accept the decision of the patent office to reject the application and requests reexamination, and the patent office re-examines the application according to the applicant's request and the prescribed procedures.

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 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.