1. How to handle patent reexamination entrustment procedures
(1) Requester If a patent agency is entrusted to request reexamination or to terminate or resign the entrustment, the procedures must be completed at the Patent Office. However, if the petitioner entrusts a patent agency during the reexamination procedure, and the authorization letter states that the authorization authority is limited to handling matters related to the reexamination procedure, the authorization procedures or the procedures for rescinding or resigning the authorization shall be handled by the Patent Reexamination Board, and there is no need to go through the procedures Procedures for changing bibliographic items.
(2) If the requester has an entrustment relationship with multiple patent agencies at the same time, he shall designate one of the patent agencies as the recipient in writing.
(3) If a foreigner, foreign enterprise or other foreign organization without a habitual residence or business office in China serves as the petitioner, a patent agency shall be entrusted.
(4) For matters not covered by the above provisions, please refer to the provisions of Section 6.1, Chapter 1, Part 1 of the "Patent Examination Guidelines".
2. How to apply for patent review
According to the provisions of Article 41 of the Patent Law of the People's Republic of China, if a patent applicant is dissatisfied with the decision of the Patent Administration Department of the State Council to reject the application, he may Within three months from the date of application, request a reexamination to the Patent Reexamination Board.
Rejection decisions that can be requested for review include decisions to reject patent applications in preliminary examination and substantive examination procedures. If the petitioner fails to file a reexamination request against the rejection decision made by the Patent Office, the reexamination request will not be accepted.
The above is the answer given by the editor of Legal Savior Network on "How to handle the entrustment procedures for patent reexamination". We canIn order to understand the relevant regulations for handling patent reexamination entrustment procedures, we hope it will be helpful to you. If you have other questions, Legal Savior Network also provides professional lawyer online consultation services. You are welcome to have legal consultation again.
