Legal analysis: If the patent applicant is not satisfied with the decision of the patent administrative department of the State Council to reject the application, he may, within three months from the date of receiving the notice, request a reexamination from the Patent Reexamination Board. After reexamination, the Patent Reexamination Board shall make a decision and notify the patent applicant. If the patent applicant refuses to accept the reexamination decision of the Patent Reexamination Board, he may bring a lawsuit to the people's court within three months from the date of receiving the notice.
Legal basis: Article 46 of the Patent Law of People's Republic of China (PRC) refuses to accept the decision of the Patent Reexamination Board to declare the patent right invalid or maintain the patent right, it may bring a lawsuit to the people's court within three months from the date of receiving the notice.