What are the necessary conditions for administrative review of patent applications?
According to the "National Knowledge Article 10 of the Administrative Reconsideration Regulations of the Intellectual Property Office stipulates that applying for patent review must meet the following conditions:
(1) The applicant believes that the specific administrative requirements of the State Intellectual Property Office Patent applicants, patentees, layout-design registration applicants, layout-design right holders, etc. and other interested parties whose actions infringe upon their legitimate rights and interests;
(2) There is a specific request for reconsideration and necessary evidence;
(3) It falls within the scope of the application for reconsideration;
(4) Within the prescribed time limit for application for reconsideration.
The specific administrative actions that cannot be applied for review are listed below:
(1) The patent applicant is dissatisfied with the decision to reject the patent application;
( 2) The patent applicant is dissatisfied with the reexamination decision;
(3) The patentee and the invalidation requester are dissatisfied with the decision of the Patent Reexamination Board on the invalidation request
(4) The patentee or the licensee implementing the compulsory license is dissatisfied with the ruling on the royalties for implementing the compulsory license;
(5) The applicant for an international application is dissatisfied with the decision made by the State Intellectual Property Office as the acceptance authority, international search authority and international preliminary examination authority for international applications;
(6) Applicant’s rejection of layout design registrationThe applicant is dissatisfied with the decision on the registration application;
(7) The applicant for layout design registration is dissatisfied with the review decision;
(8) The right holder of the layout-design is dissatisfied with the decision to cancel the registration of the layout-design;
(9) The right holder of the layout-design , The person who obtained the involuntary license is dissatisfied with the ruling on the remuneration of the involuntary license; If you are dissatisfied with the decision of handling an exclusive rights infringement dispute.
Administrative review is an important system in administrative law. Its purpose is to provide the administrative counterpart with a solution for illegal or improper administrative behavior within the administrative system. Relief channels, at the same time, also give administrative agencies an opportunity to correct illegal or improper administrative behaviors within the administrative system. Although administrative review has a quasi-judicial nature, its basic nature is still an administrative act, and it is an administrative act based on application and a formal administrative act. Patent administrative review refers to an administrative review initiated for specific administrative actions involving patent matters. The so-called patent-related matters here include not only the specific administrative actions made by the State Intellectual Property Office in the process of reviewing and granting patent rights, but also the decisions made by the patent management department in the process of handling patent infringement disputes and investigating patent violation cases. specific administrative actions.
The above are the answers to the relevant questions compiled by the editor for everyone. To sum up, we can understand that applying for administrative review of a patent must belong to the patentee, must have a legal basis, and must be within the time limit for applying for review. If readers need to find a lawyer to consult on legal issues, they are welcome to go to the Legal Savior Network for legal consultation.
