1. What are the regulations for requesting reexamination from the Patent Reexamination Board
1. The regulations for requesting reexamination from the Patent Reexamination Board are as follows:
(1) When requesting reexamination from the Patent Reexamination Board, a request for reexamination shall be submitted, explaining the reasons, and returning the request if necessary. Relevant evidence should be attached.
(2) If the reexamination request does not comply with the relevant provisions of the Patent Law, the Patent Reexamination Board will not accept it and notify the reexamination requester in writing and explain the reasons.
(3) If the reexamination request does not comply with the prescribed format, the reexamination requester shall make corrections within the time limit designated by the Patent Reexamination Board; if the reexamination request is not made or corrected within the time limit specified by the Patent Reexamination Board, the The request for review is deemed not to have been made.
2. Legal basis: "Implementing Rules for the Patent Law of the People's Republic of China"
Sixth Article 10 When requesting a reexamination to the Patent Reexamination Board in accordance with the provisions of Article 41 of the Patent Law, a request for reexamination shall be submitted, explaining the reasons, and attaching relevant evidence when necessary.
If the request for reexamination does not comply with the provisions of Paragraph 1 of Article 19 or Paragraph 1 of Article 41 of the Patent Law, the Patent Reexamination Board will not accept the request and shall write Notify the person requesting the review and explain the reasons.
If the reexamination request does not comply with the prescribed format, the reexamination requester shall make corrections within the time limit designated by the Patent Reexamination Board; if no corrections are made within the time limit, the reexamination request shall be deemed to be Not proposed.
2. Specific steps for submitting a review request
1. Submit a "Request for Reexamination" to the Patent Reexamination Board
"Request for Reexamination" in duplicate, stating the reasons and attaching 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 patent rights. Other irrelevant reasons and supporting materials may not be submitted, otherwise the application will not be accepted.
2. Acceptance by the Reexamination Board
The Patent Reexamination Board shall forward the accepted reexamination request to The original examination department of the Patent Administration Department of the State Council shall conduct the examination. If the original examination department agrees to revoke the original decision based on the request of the reexamination requester, the Patent Reexamination Board shall make a reexamination decision accordingly and notify the reexamination requester.
If the original examination department does not agree to revoke the original decision, the Patent Reexamination Board conducts a review and believes that the original rejection decision does not comply with the relevant provisions of the Patent Law and the Patent Law Rules, or that If the revised patent application document eliminates the defects pointed out in the original rejection decision, the original rejection decision shall be revoked and the original examination department shall continue the examination process.
After the Patent Reexamination Board conducts a reexamination, if it believes that the reexamination request does not comply with the relevant provisions of the Patent Law and the Patent Law Rules, it shall issue a reexamination notice and notify the reexamination requester , requiring them to state their opinions within a specified period. If no response is received within the time limit, the request for review shall be deemed withdrawn.
3. Statement of opinions by the petitioner
The issues raised by the applicant in the reexamination notice Make a statement of opinion, that is, counter the examiner's opinion, argue for your patent, and eliminate the problem points mentioned by the examiner.
4. The review committee makes a review decision
After stating its opinions or making modifications, If the Patent Reexamination Board believes that the relevant provisions of the Patent Law and the Rules of this Law are still not met, it shall make a reexamination decision to maintain the original rejection decision. If it finds that it is consistent, it shall revoke the original rejection decision.
Submit a request for reexamination, explain the reasons, and attach relevant evidence if necessary. I hope the above content can be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior website to consult a professional lawyer.
