In the process of patent application examination, the examiner's understanding of the technical scheme in the application may be biased and subjective, resulting in the rejection of patent applications that should not be rejected. The patent reexamination procedure is only a remedy for the applicant when the patent application is rejected. When the applicant thinks that the examiner's reasons for rejection are incorrect, he may start the patent reexamination procedure and make a reexamination request to the Patent Reexamination Board of the State Intellectual Property Office.
The request for reexamination must be submitted to the Patent Reexamination Board of the State Intellectual Property Office within 3 months after receiving the notice of rejection.
After examining the reasons for rejecting the case and the reasons for reexamination by the petitioner, the Patent Reexamination Board will make a reexamination decision after a round of trial, and maintain or cancel the rejection decision.