Where an application is filed for a Patent for invention or utility model, documents such as a Request, a description and its abstract, and a claim shall be submitted. What is the review of a patent application? Please follow the legal Savior Xiaobian below to understand.
What is the review of a patent application
Reexamination of a patent application means a request for reexamination submitted by an applicant to the patent administration Department under The State Council for a patent application which, upon examination by the patent Administration Department under The State Council, finds that it does not meet the requirements for applying for a patent and meets the conditions for rejection, rejects the applicant's request for a patent application, or a request for reexamination submitted by the applicant to the Patent Reexamination Board under The State Council upon refusal of the decision of the patent administration Department under The State Council. The Patent Reexamination Board shall be composed of technical and legal experts designated by the patent administration department under The State Council. The applicant may, within three months from the date of receipt of the decision to reject the patent application, file a request for review, together with relevant evidence. Upon receipt of the applicant's request for reexamination, the Patent Reexamination Board shall transmit the request to the original examination department of the Patent Administration department under The State Council for examination. Where the original examination department conducts examination on the basis of the applicant's request and considers that the original decision should be revoked, it shall notify the Patent Application Reexamination Board, which shall accordingly issue a notice of revocation to the applicant.
After examination, the Patent Reexamination Board finds that the request of the applicant does not comply with the relevant provisions of the Patent Law and the Implementing Rules of the Patent Law, notifies the applicant in writing and requires the applicant to state his or her opinions within the prescribed period of time. If the patent application still does not comply with the provisions after stating his or her opinions or making amendments, the Patent Reexamination Board shall make a decision to maintain the original decision and notify the applicant in writing. If the applicant fails to make any statement or amendment within the time limit prescribed by the Patent Reexamination Board, the applicant shall be deemed to have withdrawn his request. If the applicant is not satisfied with the decision of the reexamination Board, he may bring a suit in the people's court within three months from the date of receipt of the decision of the Patent Reexamination Board rejecting the request.
Patent Law
Article 45. Where, from the date of the announcement of the grant of the patent right by the patent administration Department under The State Council, any entity or individual considers that the grant of the said patent right is not in conformity with the relevant provisions of this Law, it may request the Patent Reexamination Board to declare the patent right invalid.
Article 46. The Patent Reexamination Board shall promptly examine and make a decision on the request for invalidation of the patent right, and notify the applicant and the patentee of the request. The decision declaring the patent right invalid shall be registered and announced by the patent administration department under The State Council.
Where any party is dissatisfied with the decision of the Patent Reexamination Board declaring the patent right invalid or maintaining the patent right, it may, within three months from the date of receipt of the notification, institute legal proceedings in the people's court. The people's court shall notify the other party to the invalidation request procedure to participate in the proceedings as a third party.
I believe that after reading the above introduction, you have a certain understanding of how to solve the legal knowledge of what to pay attention to. If you have any legal questions about this area, please consult the legal Savior lawyer, they will give you a professional answer.
