1. When can patent-related personnel withdraw a review request
1 , The reexamination requester may withdraw his or her reexamination request before the Patent Reexamination Board makes a decision. If the reexamination requester withdraws his reexamination request before the Patent Reexamination Board makes a decision, the reexamination procedure shall be terminated.
2. Legal basis: "Implementing Rules for the Patent Law of the People's Republic of China"
Sixth Article 14 The reexamination requester may withdraw his/her reexamination request before the Patent Reexamination Board makes a decision.
If the reexamination requester withdraws his reexamination request before the Patent Reexamination Board makes a decision, the reexamination procedure will be terminated.
2. What are the reasons for applying for patent review?
1. The reason for the reexamination request is untenable, the reexamination request is rejected in accordance with the law, and the original rejection decision is maintained. If the Patent Reexamination Board upholds the original rejection decision and the reexamination requester is dissatisfied, he may file an administrative lawsuit with the People's Court within three months from the date of receipt of the reexamination decision. If no prosecution is initiated within the prescribed time limit, the review decision will take effect immediately.
2. The reasons for the review request are established and the original rejection decision is revoked. The circumstances for revoking the original decision to reject mainly include:
(1) The application of laws and regulations in the original decision to reject is wrong;
(2) The reason for rejection lacks necessary evidence support;
(3) There were violations of legal procedures during the original review process.
3. Patent applicationThe application document was revised by the requester for review, overcoming the defects pointed out in the original decision to reject the application, and the original decision to reject the application was revoked on the basis of the new text.
According to the provisions of the "Patent Law Implementing Rules", the reexamination requester may withdraw his reexamination request before the Patent Reexamination Board makes a decision. If the reexamination requester withdraws his reexamination request before the Patent Reexamination Board makes a decision, the reexamination procedure shall be terminated. 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.
