If a patent applicant is dissatisfied with the decision of the Patent Administration Department of the State Council to reject the application, reexamination is a necessary procedure. The reexamination must be done first. Only if the applicant is dissatisfied with the reexamination result can he file a lawsuit. The specific legal provisions are as follows:
Article 41 The patent administration department of the State Council shall establish a patent reexamination committee. If a patent applicant is dissatisfied with the decision of the Patent Administration Department of the State Council to reject the application, he may request a reexamination to the Patent Reexamination Board within three months from the date of receipt of the notice. After review, the Patent Reexamination Board will make a decision and notify the patent applicant.
If a patent applicant is dissatisfied with the reexamination decision of the Patent Reexamination Board, he may file a lawsuit with the People's Court within three months from the date of receipt of the notice.