How to go through the patent reexamination process and how much does a patent reexamination cost?

Patent reexamination is an opportunity for patent applicants to save their patent applications. The State Intellectual Property Office will re-examine the application for patent modification and supporting documents and make a decision to reject or revoke the patent rejection. So, how does the patent reexamination process go and how much does a patent reexamination cost? The editor of Legal Savior Network will give you the answer.

What is the procedure for patent reexamination?

The procedures for patent reexamination are: the patent application is rejected; the patent application is filed Reexamination request (within 3 months); formal examination (to determine whether the application request is legal and within the time limit); patent reexamination pre-examination (examination of application documents); patent reexamination committee panel review; reexamination decision (to maintain the rejection or Revocation and rejection) → Judicial procedure for dissatisfaction with the review decision—appeal to the People’s Court. The patent reexamination procedure is an opportunity for the applicant to appeal against the rejection of the patent when the patent application is rejected. It is an "application" for the patent again.

Article 41 of the "Patent Law of the People's Republic of China" stipulates: "The Patent Administration Department of the State Council shall establish a Patent Reexamination Committee. The decision of the patent applicant to reject the application by the Patent Administration Department of the State Council If you are not satisfied, you can request a reexamination to the Patent Reexamination Board within three months from the date of receipt of the notice."

How much does a patent reexamination cost?

1. Reexamination request fee

The requester shall pay the reexamination fee within 3 months from the date of receipt of the rejection decision .

2. Reexamination recovery fee

When the time for reexamination exceeds the statutory period of 3 months, the reexamination fee The request time limit can be extended by another two months, that is, if a review request is submitted within five months, reinstatement procedures must be completed at the same time. When submitting the request for reexamination and the relevant amendment documents for the rejection decision, the petitioner also submits the "Request for Restoration of Rights in the Reexamination Procedure" and needs to pay the reexamination fee and the reexamination restoration fee.

3. Extension fees for patent reexamination procedures

After the reexamination request enters the reexamination process, the State Intellectual Property Office The Patent Reexamination Board specifies a response period (usually 1 month) by sending a reexamination notice or a reexamination request oral hearing notice. Before the expiration of the designated reply period (including the expiration date), the requester may submitMake a request to extend the deadline. If the extension period is less than 1 month, it shall be calculated as 1 month and shall not exceed 2 months at most. For the same notice, the specified period is generally only allowed to be extended once, and can be extended a maximum of two times.

Patented technology is one of the core competitiveness of enterprise development. Only by completing the authorization of different types of patented technologies at the right time can patent rights be effectively protected. When a patent application is rejected, actively and promptly completing patent reexamination is also an important patent protection matter. Patent reexamination is related to the rights of the patent. Kuai Legal's professional patent application agency welcomes you to consult and handle it!