Can the patent reexamination reply be extended?
Normally speaking, this is possible delayed. However, the agency you entrust needs to send a formal document to the Intellectual Property Office to explain the special circumstances and request an extension of the review.
Detailed explanation of patent reexamination procedure
1. Start of the patent reexamination procedure
Time to start the patent reexamination procedure: Patent There is a certain time limit for the initiation of the reexamination procedure. The patent applicant can decide whether to request a reexamination within 3 months after receiving the notice of rejection of the patent application.
The subject of initiating the reexamination procedure is the patent applicant. Only the patent applicant is qualified to file a reexamination request. No other unit or individual has the right to initiate the reexamination procedure.
2. Patent reexamination review
The Patent Reexamination Board accepts the reexamination request through formal examination and starts the process. After the reexamination procedure, the reexamination request (including the attached supporting documents and revised application documents) together with the original application file will be sent to the original examination department that made the decision to reject the application for preliminary review. The original examination department shall submit a "preliminary examination opinion" to the Patent Reexamination Board. Except for special circumstances, the original review department shall complete the preliminary review within one month from the date of receipt of the case file. If the original examination department agrees to revoke the original rejection decision in the pre-examination opinion, the Patent Reexamination Board will directly make a review decision to revoke the original rejection decision, notify the reexamination requester, and the original examination department will continue the review and approval. If the original examination department insists on the original decision of rejection in the preliminary examination opinion, the Patent Reexamination Board shall set up a collegial group to conduct the examination.
3. Making a patent reexamination decision
The collegial panel makes a reexamination decision after review. There are two major types of reexamination decisions. One is to revoke the original Rejection decision. The patent application will be restored to the state before the rejection decision was made, and the patent administration department of the State Council will continue the review process. The other is to maintain the original rejection decision. In this case, the patent applicant will challenge the decision of the Patent Reexamination Board to maintain the original decision. If you are not satisfied with the rejection decision, you can enter the subsequent judicial relief procedure within the statutory time limit.
4. The subsequent judicial relief procedure for patent review
According to the provisions of Paragraph 2 of Article 41 of the Patent Law, if a patent applicant is dissatisfied with the reexamination decision made by the Patent Reexamination Board, he may file a petition with the People's Government within 3 months from the date of receipt of the notice. Court. If the patent applicant fails to file a lawsuit within the prescribed time limit, the reexamination decision will take effect. If the patent applicant files a lawsuit in court, it will be accepted by the Beijing No. 1 Intermediate People's Court in accordance with the relevant provisions of the court's jurisdiction. According to the law, the patent The review board participates in the lawsuit as a defendant.
So, whether it can be extended. After reading the above content, you will understand that this is very critical for the inventor. Only when applying for a patent can you make reasonable arrangements and respond more effectively, then you will have a greater chance of successful application. If you have other questions, please feel free to consult a professional lawyer on the Legal Savior Network.
