Patent application reexamination

Patent application reexamination

        Definition 

        When the patent applicant submits an application to the Patent Office and, after examination by the Patent Office, finds that it does not comply with the relevant provisions of the Patent Law or the Patent Implementation Rules, and after the applicant's reply, still does not meet the conditions for granting the patent, the applicant rejects the patent application request, and the applicant does not obey the decision of the patent administration department of the State Council and submits a request for review to the Department of Review and Invalidation of the Patent Office. Initiate patent reexamination procedures must be carried out within three months from the date of receipt of the patent rejection notice.

        Common Reasons for Rejection

1. Objects not protected by patent law; 

2. Patent applications for inventions that are not patentable subject matter; 

3. invention-creation of the patent application violates national laws, social morality or harms public interest;

4. The invention or utility model does not meet the requirements of "novelty, inventiveness and practicability" under the Patent Law;

5. The patent application does not adequately disclose the technical solution, and the scope of claim protection is not clear and not supported by the specification;

6. It results from the examiner's biased and subjective understanding of the technical solution of the patent application.