How to review a review request
Applicants who are dissatisfied with the Patent Office’s rejection decision may submit a reexamination request to the Patent Reexamination Board.
After receiving the reexamination request, the Patent Reexamination Board shall first Give it a formal review. The content of the formal review is as follows:
(1) Request for review Whether it is a request to dissatisfy the decision of the Patent Office to reject the application as stipulated in Article 41, Paragraph 1 of the Patent Law;
(2) Whether the applicant for review is the applicant for the rejected application; if the applicant for the rejected application is a joint applicant, Whether the review requester is all applicants;
(3) Whether the time limit for filing a reexamination request complies with the provisions of Article 41, Paragraph 1 of the Patent Law; if the time limit does not comply with the provisions, if there is a request for restoration of rights, whether the request complies with the provisions Article 7 and Article 93 of the "Patent Law Implementing Regulations" regarding requests for restoration of rights;
(4) Whether the reexamination requester has paid the reexamination fee in accordance with Articles 90, 91 and 93 of the Implementing Regulations of the Patent Law; within the prescribed time limit If the reexamination fee is not paid within the time limit or is not paid in full, if there is a request for restoration of rights, whether the request complies with the provisions of Article 7 and Article 93 of the Implementing Rules of the Patent Law regarding requests for restoration of rights;
(5) Whether the request for review complies with the format specified in the standard form;
(6) The reexamination requester entrusts a patent agency to request reexamination , whether a power of attorney has been submitted and the authorization authority has been stated.
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