Patent reexamination process

Legal analysis: The process of patent reexamination mainly includes: 1. Apply for starting the patent reexamination procedure. The second is patent re-examination. The Patent Re-examination Board starts the re-examination procedure after accepting the request for re-examination through formal examination, and conducts the pre-examination review. Third, make a patent reexamination decision. If the patent applicant refuses to accept the reexamination decision, he may bring a lawsuit to the people's court within 3 months from the date of receiving the notice.

Legal basis: Paragraph 2 of Article 41 of the Patent Law of People's Republic of China (PRC). If the patent applicant refuses to accept the reexamination decision made by the Patent Reexamination Board, he may bring a lawsuit to the people's court within 3 months from the date of receiving the notice. If the patent applicant fails to bring a suit within the time limit, the reexamination decision will take effect. If the patent applicant brings a lawsuit to the court, it shall be accepted by the Beijing No.1 Intermediate People's Court according to the relevant provisions under the jurisdiction of the court. According to the law, the Patent Reexamination Board participates in the litigation as the defendant.