If a patent reexamination request falls into any of the following circumstances, the Patent Reexamination Board will issue a notice of rejection to the requester:
1. The requester is not the applicant of the rejected application;
2. The petitioner did not file a reexamination request against the rejection decision made by the Patent Office;
3. The petitioner did not file a reexamination request within 3 months from the date of receipt of the rejection decision. ;
4. The petitioner has the conditions listed in Scenario 3 and has not made a request for restoration of rights or the request for restoration of rights does not comply with Article 6 or Paragraph 1 of Article 99 of the Implementing Rules of my country’s Patent Law Provisions on requesting restoration of rights;
5. Foreigners, foreign enterprises or other foreign organizations that do not have a habitual residence or business office in China, as petitioners, fail to entrust a patent agency as required;
6. The patent application involved in the reexamination request has not been rejected.