Has the time limit for reexamination of patent rejection been extended?

Legal analysis: the decision to reject the patent defense cannot be postponed. According to the relevant laws and regulations, if the party concerned is still rejected after modifying his statement, he may request a reexamination to the patent administration department of the State Council within three months from the date of receiving the notice.

Legal basis: People's Republic of China (PRC) Patent Law.

Article 38 If an application for a patent for invention is still not in conformity with the provisions of this Law after the applicant has stated his opinions or made amendments, it shall be rejected.

Article 39 If the application for a patent for invention is not found to be rejected after substantive examination, the administrative department for patent in the State Council shall make a decision to grant a patent right for invention, issue a patent certificate for invention, and register and announce it at the same time. The invention patent right shall take effect as of the date of announcement.

Article 41 If an applicant for a patent refuses to accept the decision of the patent administration department in the State Council to reject the application, he may, within 3 months from the date of receiving the notice, request a reexamination from the patent administration department in the State Council. 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.