Re-apply after the patent is invalid.
In the examination procedure, after the 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 application and notify the applicant. If the applicant refuses to accept the decision of the Patent Office to reject the application, he may request a reexamination to the Patent Reexamination Board of the State Intellectual Property Office within three months from the date of receiving the notice. A request for reexamination shall be submitted and the reasons for reexamination shall be explained. In order to support the reasons for reexamination or eliminate the defects in the application documents, the applicant may attach relevant supporting documents or materials when requesting reexamination, or modify the application documents, and the modification shall be limited to eliminating the defects pointed out in the rejection decision. The request for review shall be made by all applicants. The reexamination request shall also pay the reexamination fee. If the applicant refuses to accept the review decision, he may bring a lawsuit to the people's court within three months from the date of receiving the notice.