How to request reexamination in a patent application
To request reexamination, a reexamination request in duplicate should be submitted to the Patent Reexamination Board. , explain the reasons and attach relevant supporting documents. The reasons for reexamination can only be based on matters involved in the Patent Office's decision to reject a patent application or revoke or maintain a patent right, and other irrelevant reasons and supporting materials may not be provided.
The person requesting a patent reexamination must be a rejected patent application No one else has the right to file a reexamination request.
Please confirm the review, which must be received from the Patent Office A request for reexamination must be submitted within 3 months from the date of the notification of rejection of the application or the date of receipt of the notification of the Patent Office's decision to revoke or maintain the patent right, otherwise the relevant decision made by the Patent Office will become legally effective.
When the applicant or patentee requests reexamination, A rejected patent application or a revoked patent document may be modified, but the modification shall be limited to the part involved in the decision to reject the application or the decision to revoke the patent right, and shall not exceed the scope recorded in the original description and claims.
Apply Things to note during patent reexamination
Patent rejection review is a procedure for the State Intellectual Property Office to self-correct patent review errors, but the patent reexamination organ, the Patent Reexamination Committee of the State Intellectual Property Office, will not initiate the patent reexamination procedure on its own. According to the provisions of the Patent Law, the reexamination procedure shall be initiated when the patent applicant whose application has been rejected submits a reexamination request to the reexamination committee.
Then what should you pay attention to when filing a reexamination request for a patent application? As follows:
1. According to the "Patent Law Implementing Rules" 》stipulates that the reexamination request must adopt the unified reexamination request form of the Patent Office, and all contents must be filled in according to the requirements of the "Precautions for filling in the form" attached to the reexamination request form. If the reexamination requester is an individual, the reexamination request form shall be signed or stamped by the individual; if the reexamination requester is an organization, the reexamination request shall be affixed with the official seal of the organization. If there are multiple review requesters, all review requesters shall sign and seal the application. If an agency is entrusted, the agency will stamp the official seal.
If the request does not conform to the prescribed standard format, The reexamination committee will request corrections. If the reexamination request is not made within the time limit, the reexamination request will be deemed not to have been made.
2. The reason for requesting reexamination must be "Patent Rejected patent applications as stipulated in the Law include rejections at the preliminary examination and rejections at substantive examination. If they are not rejectedIf the patent application is returned, the application will not be accepted because it does not fall within the scope of reexamination.
3. The person requesting the review must be rejected If there are multiple applicants for a patent application, the reexamination requester must be all applicants, otherwise the application will not be accepted.
The above mentioned are all related to patent applications Regarding the legal knowledge of reexamination, applicants who have submitted a patent application and have it rejected can request reexamination according to the above introduction. After all, it is related to their own patent ownership. If you encounter any more complex legal issues, our Legal Savior Network will provide you with legal consulting services. Welcome to consult.
