Who can apply for patent reexamination?

Legal analysis: (1) An applicant whose application is rejected may file a request for reexamination with the Patent Reexamination Board; If the applicant for reexamination is not the applicant whose application has been rejected, his request for reexamination shall not be accepted. (2) Where the applicants whose applications have been rejected belong to the same applicant, if not all the applicants for reexamination, the Patent Reexamination Board shall notify the applicants for reexamination to make corrections within a specified time limit; If no correction is made at the expiration of the time limit, the request for reexamination shall be deemed not to have been made.

Legal basis: Article 41 of the Patent Law of People's Republic of China (PRC). If the 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 three months from the date of receiving the notice, request the patent administration department in the State Council for reexamination. 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.