legal ground
According to Article 41 of the Patent Law of People's Republic of China (PRC), which came into effect in June, 2002/KLOC-0.
If the patent applicant refuses to accept the decision of the patent administration department in the State Council to reject the application, he may request a reexamination to the patent administration department in the State Council within three months from the date of receiving the notice. 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.
Article 60
Where a request for reexamination is filed with the Patent Reexamination Board in accordance with the provisions of Article 41 of the Patent Law, a request for reexamination shall be submitted, the reasons shall be explained, and relevant evidence shall be attached when necessary.
Where the request for reexamination does not conform to the provisions of Article 19, paragraph 1, or Article 41, paragraph 1 of the Patent Law, the Patent Reexamination Board shall not accept it, and shall notify the petitioner in writing and explain the reasons.
If the written request for reexamination does not conform to the prescribed format, the person requesting reexamination shall make corrections within the time limit specified by the Patent Reexamination Board; If no correction is made at the expiration of the time limit, the request for reexamination shall be deemed not to have been made.