How long does it take to reply to a patent reexamination notice
How long does it take for my country’s patent laws and regulations to respond to a patent reexamination notice? There are no regulations. The patent applicant should complete the modification of the patent as soon as possible and respond as soon as possible.
"Implementing Rules for the Patent Law of the People's Republic of China"
Article 60: Anyone who requests a reexamination to the Patent Reexamination Board in accordance with the provisions of Article 41 of the Patent Law shall submit a reexamination request, explain the reasons, and attach relevant evidence when necessary.
The reexamination request does not comply with Article 19 of the Patent Law If the application is stipulated in Paragraph 1 or Paragraph 1 of Article 41, the Patent Reexamination Board shall not accept the application and shall notify the reexamination requester in writing and explain the reasons.
If the request for review does not comply with the prescribed format, the review will be The petitioner shall file the request within the time limit specified by the Patent Reexamination BoardSupplement and correction; if no correction is made upon expiration of the time limit, the request for review shall be deemed not to have been made.
Article 61 When the petitioner files for review Patent application documents may be modified upon request or in response to a reexamination notice issued by the Patent Reexamination Board; however, the modifications shall be limited to eliminating the defects pointed out in the rejection decision or reexamination notice.
Modified patent application documents should be submitted in duplicate .
Article 62 The Patent Reexamination Board shall The accepted reexamination request shall be forwarded to the original examination department of the Patent Administration Department of the State Council for review. If the original examination department agrees to revoke the original decision based on the request of the reexamination requester, the Patent Reexamination Board shall make a reexamination decision accordingly and notify the reexamination requester.
Article 63 Patent Reexamination Board conducts reexamination Afterwards, if it is considered that the reexamination request does not comply with the relevant provisions of the Patent Law and these Rules, the reexamination requester shall be notified and required to state its opinions within a specified period. If there is no reply within the time limit, the reexamination request shall be deemed to have been withdrawn; after stating its opinions or making modifications, if the Patent Reexamination Board believes that it still does not comply with the relevant provisions of the Patent Law and these Rules, it shall make a reexamination decision to maintain the original rejection decision.
After reexamination, the Patent Reexamination Board considered that the original rejection If the decision is not in compliance with the relevant provisions of the Patent Law and these Rules, or if it is believed that the revised patent application documents have eliminated the defects pointed out in the original rejection decision, the original rejection decision shall be revoked and the original examination department shall continue the examination process.
The above knowledge is the editor's answer to the question "How long should it take to reply to the patent reexamination notice?" my country's patent laws and regulations do not stipulate the time for replying to the patent reexamination notice. Patent applications People should complete the modification of the patent as soon as possible and respond as soon as possible. If readers need legal help, they are welcome to go to the Legal Savior Network for legal consultation.
