The patent reexamination decision may have two different conclusions:
(1) Maintain the original rejection decision and reject the patent reexamination request.
(2) Confirm that the reasons for the patent re-examination request are established, or confirm that the application documents have been modified by the applicant to overcome the defects pointed out in the original rejection decision, decide to cancel the original rejection decision, and return the application to the original examination department for re-examination.
The patent reexamination decision shall be notified to the patent applicant in writing. If the applicant for a patent for invention refuses to accept the reexamination decision, he may bring a lawsuit to the Beijing Intermediate People's Court within 3 months from the date of receiving the decision.
In the patent examination procedure, after the patent applicant has stated his opinions or made amendments or corrections according to the requirements of the examiner, if the Patent Office considers that the application still does not conform to the provisions of the Patent Law and its detailed rules for implementation, it will make a decision to reject the patent application and notify the patent applicant.
If the applicant for a patent refuses to accept the decision of the Patent Office to reject the application, he may, within three months from the date of receiving the notice, request a reexamination from the Patent Reexamination Board of the State Intellectual Property Office. A request for patent reexamination shall be submitted, stating the reasons for patent reexamination.