1. What are the results of the patent reexamination decision
The Patent Reexamination Board’s decision on the patent There are two results of the reexamination: maintaining the decision made by the original patent management department or revoking the decision made by the original patent management department.
2. Relevant legal provisions
"Implementing Rules for the Patent Law of the People's Republic of China"Article 60 In accordance with Article 41 of the Patent Law When requesting reexamination from the Patent Reexamination Board, 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 it and shall write in writing 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 the reexamination request is not made or corrected within the time limit, the reexamination request shall be deemed to be Not proposed.
Article 62 The Patent Reexamination Board shall transfer the accepted reexamination request to the original examination department of the Patent Administration Department of the State Council for review. 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.
It states its opinion within a specified time limit. If there is no reply within the time limit, the reexamination request shall be deemed to have been withdrawn; after stating its opinions or making modifications, if the Patent Reexamination Board believes that it still does not comply with the relevant provisions of the Patent Law and these Rules, it shall make a reexamination decision upholding the original rejection decision.Certainly.
After the Patent Reexamination Board conducts a reexamination, it believes that the original rejection decision does not comply with the relevant provisions of the Patent Law and these Rules, or that the revised patent application document eliminates the original If there are deficiencies pointed out in the rejection decision, the original rejection decision shall be revoked and the original review department shall continue the review process.
The above knowledge is the editor’s answer to relevant legal issues. There are two results of the patent reexamination by the Patent Reexamination Board, and the decision made by the original patent management department is maintained. Or revoke the decision made by the original patent management department. If you need legal help, readers can go to the Legal Savior Network for consultation. The Legal Savior Network has professional lawyers to answer your questions.
