| |
 |
|
| |
|
Patent
Review
|
-
"The Patent Administration Department
Under the State Council shall set up a Patent Reexamination
Board. Where an applicant for patent is not satisfied
with the decision of the said department rejecting the
application, the applicant 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 for patent.
Where
the applicant for patent is not satisfied with the decision
of the Patent Reexamination Board, it or he may, within
three months from the date of receipt of the notification,
institute legal proceedings in the people's court."
(Chinese Patent Law, Article 41)
-
"The
Patent Reexamination Board shall consist of experienced
technical and legal experts designated by the Patent
Administrative Organ under the State Council. The Head
of the Patent Administrative Organ under the State Council
shall be the Director of the Board." (Implementing
Regulation Under Chinese Patent Law, Rule 58)
-
"Where
the applicant requests the Patent Reexamination Board
to make a reexamination in accordance with the provisions
of Article 41 of the Patent Law, it or he shall file
a request for reexamination and state the reasons therefor.
The relevant supporting documents shall be provided
when necessary.
Where
the request for reexamination does not comply with the
prescribed form, the person making the request shall
rectify it within the time limit fixed by the Patent
Reexamination Board. If the time limit for making rectification
is not met, the request for reexamination shall be deemed
not to have been filed." (Implementing Regulation
Under Chinese Patent Law, Rule 59)
-
"When
filing the request for reexamination or responding to
the notification of reexamination by the Patent Reexamination
Board, the person making the request may amend the patent
application document; however, the amendment shall be
limited to the elimination of the defects pointed out
in the decision of rejection or the notification of
reexamination.
The amended patent application document shall be submitted
in two copies. (Implementing Regulation Under Chinese
Patent Law, Rule 60)
-
"The
Patent Reexamination Board shall send the request for
reexamination which the Board has received to the examination
department of the Patent Administrative Organ under
the State Council which has made the examination to
make an examination. Where the 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 that
person. (Implementing Regulation Under Chinese Patent
Law, Rule 61)
-
"Where
the Patent Reexamination Board finds after reexamination
that the request does not comply with the relevant provisions
of the Patent Law and these Implementing Regulations,
it shall invite the person requesting reexamination
to submit his observations within the specified time
limit. If the time limit for making response is not
met, the request for reexamination shall be deemed to
have been withdrawn; after the observations or amendment,
the Patent Reexamination Board still finds that the
patent application document does not comply with the
relevant provisions of the Patent Law and these Implementing
Regulations, it shall make its reexamination decision
to uphold the initial decision of rejection.
Where
the Patent Reexamination Board finds after reexamination
that the decision of rejection does not comply with
the relevant provisions of the Patent Law and these
Implementing Regulations, or finds that the amended
patent application document has eliminated the defects
pointed out in the decision of rejection, it shall revoke
the initial decision of rejection, and the examination
department which has made the examination shall proceed
with the examination proceeding." (Implementing
Regulation Under Chinese Patent Law, Rule 62)
|
|
|
|
|
|
