Can I sue directly if I reject the patent application?

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 reexamination, it can be handled in the following ways: According to the provisions of China's patent law, if the application for patent reexamination 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.

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.