Can the decision to reject the patent application be used as evidence for extension?

If the patent defense is rejected, no extension may be applied. According to the relevant laws and regulations, if the party concerned is still rejected after modifying his statement, he may request a reexamination to the patent administration department of the State Council within three months from the date of receiving the notice.

legal ground

1, Article 38 of the Patent Law which came into effect in June 20265438.

If, after the applicant has stated his opinions or made amendments, the administrative department for patent in the State Council still considers that the application for a patent for invention does not conform to the provisions of this Law, it shall be rejected.

Article 39

If the application for a patent for invention is rejected after substantive examination, the administrative department for patent in the State Council shall make a decision to grant the patent right for invention, issue a patent certificate for invention, and register and announce it at the same time. The invention patent right shall take effect as of the date of announcement.

Article 41

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.