Patents (China) [Q34]
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21. Q: What action should be taken after receiving the rejection decision from the Chinese Patent Office in order to continue the rejected application?
  A:

If the application is rejected after the substantive examination, the applicant may, within three months from the date of receipt of the rejection decision, file a request for reexamination with the Patent Reexamination Board (PRB) of the State Intellectual Property Office (SIPO). The applicant shall in the Request for Reexamination explain the causes, and attach the relevant evidence when necessary.

After the Request for Reexamination is accepted by PRB, the request for reexamination together with its attachments shall be transferred to the substantive examination department for interlocutory examination. If the interlocutory examination opines that the grounds for rejection have been overcome, PRB shall directly make a reexamination decision to revoke the original rejection decision. Otherwise, PRB shall form a Collegiate Panel to prosecute collegiate examination. If the collegiate examination opines that the grounds for rejection have been overcome or the grounds for rejection are not tenable, PRB shall directly make a reexamination decision to revoke the original rejection decision. If the Collegiate Panel is of the opinion that the grounds for rejection have not been overcome, PRB shall issue at least one reexamination notification to notify the applicant. After receiving the response to the reexamination notification from the applicant, PRB shall make a reexamination decision, either to uphold or revoke the original rejection decision.

If the applicant is not satisfied with the decision of PRB, he may, within three months from the date of receipt of the notification, institute legal proceedings before the people's court.

The applicant may, while filing the request for reexamination or responding to the Notification of Reexamination, amend the application documents, but the amendments shall only limit to those with a view to remove the defects indicated in the rejection decision or those pointed out by the Collegiate Panel.

 

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