How to handle a patent application that requires review
1. Patent application review is a patent The applicant is dissatisfied with the Patent Office's decision to reject the application and requests reexamination. The Patent Office reexamines the application in accordance with the prescribed order based on the applicant's request.
2. When applying for reexamination, the applicant should submit a request, explain the reasons, and pay the reexamination fee.
3. When the patent applicant requests reexamination, The original application can be amended, but only to the extent involved in the decision to reject the application.
4. The Patent Reexamination Committee is responsible for the reexamination of patents. After receiving the request for review, the committee shall submit the request for review to the original examining department and provide its opinions. The original examining department may revoke the original rejection decision or maintain the original decision. In the event that the original decision is revoked, the review committee may no longer conduct a review.
5. After review, the Patent Reexamination Board considers that the original decision is correct and should make a decision to reject the reexamination request. If the applicant is not satisfied with this, he may file a petition with the people Prosecution in court. However, the Patent Reexamination Board’s decision on the applicant’s request for reexamination of utility models and designs is final, and the applicant may no longer sue in court.
It can be seen that during the patent application process, if the patent is rejected, the patentee can submit an application to handle the relevant reexamination, but in this process It often takes a lot of effort to overturn the decision of the patent agency that made the decision to reject. It is recommended to consult a lawyer for help at this time. The Legal Savior Network also provides lawyer online consultation services. You are welcome to provide legal consultation.
