1. What to do if the Patent Reexamination Board believes that the reexamination request does not comply with the regulations
1. After the Patent Reexamination Board conducts reexamination, if it considers that the reexamination request does not comply with the regulations, it shall be handled according to the following circumstances:
(1) The reexamination requester shall be notified and requested to State your opinions within the specified time limit;
(2) If there is no reply within the time limit, the review request will be deemed to be withdrawn;
(3) After stating its opinions or making modifications, if the Patent Reexamination Board believes that the application still does not comply with the regulations, it shall make a reexamination decision to maintain the original rejection decision.
2. Legal basis: "Implementing Rules for the Patent Law of the People's Republic of China"
Sixth Article 13 If, after conducting a reexamination, the Patent Reexamination Board considers that the reexamination request does not comply with the relevant provisions of the Patent Law and these Rules, it shall notify the reexamination requester and require him to state his opinions within a designated period. If there is no reply within the time limit, the reexamination request shall be deemed to have been withdrawn; after stating its opinions or making modifications, if the Patent Reexamination Board believes that it still does not comply with the relevant provisions of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 to maintain the original rejection decision.
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.
2. Time limit for requesting patent reexamination
(1) Within three months from the date of receipt of the rejection decision made by the Patent Office, the patent applicant may submit a reexamination request to the Patent Reexamination Board; if the time limit for filing a reexamination request does not meet the above provisions, the reexamination request will not be accepted.
(2) The time limit for filing a reexamination request does not comply with the above provisions, but the reexamination requester files a request for restoration of rights after the Patent Reexamination Board makes a decision not to accept the application. , if the request for restoration of rights complies with the provisions on restoration of rights in the Implementing Rules of the Patent Law, restoration is allowed, and the request for reexamination shall be accepted; if it does not comply with the relevant provisions, restoration will not be granted.
(3) The time limit for submitting a reexamination request does not comply with the above provisions, but the reexamination requester files a request for restoration of rights before the Patent Reexamination Board makes a decision not to accept the application. , the above two requests can be processed together; if the request for restoration of rights complies with the provisions on restoration of rights in the Implementing Rules of the Patent Law, the request for reexamination shall be accepted; if the request for restoration of rights does not comply with the relevant provisions, the request for reexamination shall not be accepted.
State your opinions within the specified time limit; if there is no response within the time limit, the review request will be deemed to have been withdrawn. If the application still does not comply with the regulations after stating its opinions, a review decision shall be made to uphold the original rejection decision. 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.
