lProcedures

The Patent Reexamination Board shall remit the request for reexamination, which the Board has received to the examination department of the Patent Administration Department under the State Council, which has made the examination of the application concerned to make an examination. Where that examination department agrees to revoke its former decision upon the request of the person requesting reexamination, the Patent Reexamination Board shall make a decision accordingly and notify the requesting person.

The applicant may, at the same time, make requisite amendments to the application documents to overcome the deficiencies as pointed out in the rejection reasons to facilitate the Board to revoke the rejection made by the examiner.

Where, after reexamination, the Patent Reexamination Board finds that the request does not comply with the provisions of the Patent Law and these Implementing Regulations, it shall invite the person requesting reexamination to submit his observations within a specified time limit. If the time limit for making response is not met, the request for reexamination shall be deemed to have been withdrawn. Where, after the requesting person has made its observations and amendments, the Patent Reexamination Board still finds that the request does not comply with the provisions of the Patent Law and these Implementing Regulations, it shall make a decision of reexamination to maintain the earlier decision rejecting the application.

Where, after reexamination, the Patent Reexamination Board finds that the decision rejecting the application does not comply with the provisions of the Patent Law and these Implementing Regulations, or that the amended application has removed the defects as pointed out by the decision rejecting the application, it shall make a decision to revoke the decision rejecting the application, and ask the examination department which has made the examination to continue the examination procedure.

On receiving an unfavorable decision on reexamination issued by the Patent Reexamination Board, the applicant can institute legal proceedings at the court within three months from the date of receipt of the notification. The People's Intermediate Court of the Municipality of Beijing shall be the 1st Instance Court, while the Higher Court of the Municipality of Beijing, the 2nd Instance Court.

lRequirements

(1)Power of Attorney

(2) A request for patent reexamination.

(3) Reasons, relevant materials, evidence.

lThe legal basis

The procedure of reexamination is established according to Article 41 of the Patent Law. Where any party is not satisfied with the decision of the Patent Office rejecting the application, or the decision of the Patent Office revoking or upholding the patent right, such party may, within three months from the date of receipt of the notification, request the Patent Reexamination Board to make a reexamination. The Patent Reexamination Board shall, after reexamination, make a decision and notify the applicant, the patentee or the person who made the request for revocation of the patent right.