1. How long does it take to request a review after a patent is rejected
According to my country's " According to the provisions of the Patent Law, after a patent is rejected, you can request a reexamination to the patent administration department of the State Council within three months from the date of receipt of the notice. If you are still dissatisfied with the review decision, you can also file a lawsuit with the People's Court within three months from the date of receipt of the notice.
"Patent Law of the People's Republic of China"
Article 41 Patent applicants' If you are not satisfied with the decision of the Patent Administration Department of the State Council to reject the application, you may request a review from the Patent Administration Department of the State Council within three months from the date of receipt of the notice. After review, the patent administration department of the State Council will make a decision and notify the patent applicant.
If a patent applicant is dissatisfied with the reexamination decision of the Patent Administration Department of the State Council, he may file a lawsuit in the People's Court within three months from the date of receipt of the notice.
2. What are the reasons for the termination of patent rights?
1. Termination upon expiration: invention patent rights shall be maintained for 20 years from the date of application, and utility model or design patent rights shall be maintained for 10 years from the date of application, in accordance with the law. Termination;
2. Termination for non-payment: The Patent Office issues a payment notice notifying the applicant to pay the annual fee and late fee, but the applicant has not paid or paid in full If annual fees and late fees are paid, the patent right shall be terminated from the expiration date of the previous year;
3. Termination due to the patentee giving up the patent right: granting the patent After the patent right is granted, the patentee can voluntarily request to give up the patent right at any time by submitting a declaration of abandonment of patent right. The date of issuance of the formalities compliance notice issued by the examiner in response to the declaration of patent right abandonment shall be the effective date, and the abandoned patent right shall be terminated from that date.
The above are the answers to relevant questions given by the editor of Legal Savior Network. According to the provisions of my country's Patent Law, the time limit for applying for reexamination if you are dissatisfied with the decision to reject a patent application is within three months from the date of receipt of the notice. Please note that readers must exercise their rights within the prescribed time limit. . You are welcome to seek legal consultation from professional lawyers on Legal Savior Online.
