Where a patent applicant (reexamination requester) requests reexamination, it shall submit a request for reexamination, explain the reasons and attach relevant evidence when necessary.
The applicant may amend the application documents according to the provisions in the request for reexamination. The scope of revision is limited to eliminating the defects pointed out in the rejection decision.
Step 2 check in advance
Every patent reexamination needs a "pre-trial" procedure. After accepting the applicant's request for reexamination, the Patent Reexamination Board will forward the materials to the Patent Office, the original patent application examination organ, and the Patent Office will conduct the "pre-trial" procedure first.
Step 3 review
Modification of the application documents, the applicant for reexamination may modify the application documents when making a reexamination request, replying to the notice of reexamination (including the notice of oral hearing of reexamination request) and participating in the oral hearing of reexamination.
4. Types of review decisions
The review decision can be divided into three types: maintaining the rejection decision, revoking the rejection decision and revoking the rejection decision on the basis of modifying the text.
5, review the effectiveness of the decision
If the Patent Reexamination Board reexamines and decides to revoke the decision made by the Patent Office, the Patent Reexamination Board will return the relevant files to the Patent Office, and the Patent Office will continue to go through the examination and approval procedures.
6. The complainant has any objection to the review decision.
If the claimant refuses to accept the decision of the Reexamination Committee, he may bring an administrative lawsuit to the people's court with the Reexamination Committee as the defendant within three months from the date of receiving the notice.
Legal basis: Article 41 of the Patent Law of People's Republic of China (PRC), the Patent Administration Department of the State Council established the Patent Reexamination Board. If the applicant for a patent refuses to accept 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 with 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.