An applicant for a patent whose application has been rejected may apply for patent reexamination. According to the Patent Law, a patent applicant whose application has been rejected by the patent administration department under the State Council may, within three months from the date of receipt of the notification, request the Patent Reexamination Board for reexamination.
[Legal Basis]
Under Article 41 of the Patent Law, if the patent applicant is not satisfied with the decision of the patent administration department under the State Council to reject the application, he or she may, within three months from the date of receiving the notification, request the patent administration department under the State Council for reexamination. After reexamination, the patent administration department under the State Council shall make a decision and notify the patent applicant.
Where the patent applicant is not satisfied with the reexamination decision of the patent administration department under the State Council, it may, within three months from the date of receiving the notification, institute legal proceedings in the people's court.
