Rules for the revision of patent reexamination rejection

The revised scope of patent rejection review refers to the defects pointed out in the notice of review opinions issued by the patent administrative department of the State Council. Moreover, after notifying the applicant, the patent administrative department of the State Council may correct the obvious errors of words and symbols in the patent application documents by itself.

Legal Basis

Article 51 of the Detailed Rules for the Implementation of the Patent Law of the People's Republic of China

An applicant for a patent for invention may voluntarily propose amendments to the application for a patent for invention within three months from the date of filing a request for substantive examination and receiving the notice that the application for a patent for invention has entered the substantive examination stage issued by the patent administration department of the State Council.

an applicant for a patent for utility model or design may, within 2 months from the date of filing, propose amendments to the application for a patent for utility model or design.

if the applicant modifies the patent application documents after receiving the notice of examination opinions issued by the patent administrative department of the State Council, it shall modify the patent application documents according to the defects pointed out in the notice.

The patent administration department in the State Council can correct the obvious errors of words and symbols in the patent application documents by itself. Where the administrative department for patent in the State Council modifies it by itself, it shall notify the applicant.