1. When to conduct patent application review
According to my country’s patent law It stipulates that after a patent application is rejected, the applicant may apply to the reexamination committee for reexamination within three months of receiving the rejection notice.
Article 41 of the "Patent Law of the People's Republic of China" stipulates that the patent administration department of the State Council shall establish a patent reexamination committee. If a patent applicant is dissatisfied with the decision of the Patent Administration Department of the State Council to reject the application, he may request a reexamination to the Patent Reexamination Board within three months from the date of receipt of the notice. After review, the Patent Reexamination Board will make a decision and notify the patent applicant.
If a patent applicant is dissatisfied with the reexamination decision of the Patent Reexamination Board, he may file a lawsuit with the People's Court within three months from the date of receipt of the notice.
2. Procedure for applying for patent review
The Patent Reexamination Board accepts and examines reexamination requests and makes decisions. Reexamination request cases include cases in which a person is dissatisfied with the decision to reject a patent application in the preliminary examination and substantive examination procedures and requests for patent reexamination. Only the patent applicant has the right to initiate the patent reexamination procedure, and must submit it to the Patent Reexamination Committee of the State Intellectual Property Office within 3 months of receiving the rejection notice.
Time to start the patent reexamination process: There is a certain time limit for the start of the patent reexamination process. The patent applicant has 3 months after receiving the notice of rejection of the patent application. Within this time, you can decide whether to request a review.
The subject of initiating the reexamination procedure is the patent applicant. Only the patent applicant is qualified to file a reexamination request. No other unit or individual has the right to initiate the reexamination procedure.
Through the editor's introduction, we can understand that according to the regulations, patent applicationIf your application is rejected, you can apply to the review committee for review within three months. There are also relevant provisions in the law. I hope you understand. The above is the relevant content compiled by the editor of Legal Savior Network for everyone. If you still have any questions, you can consult the relevant lawyers of Legal Savior Network.
