What should I do if the Patent Reexamination Board does not make any decision notice on the applican

1: The provisions of the Patent Law are as follows. Article 41 The Patent Administration Department shall establish a Patent Reexamination Board.

If the patent applicant is dissatisfied with the decision of the patent administration department to reject the application, he may request a reexamination to the Patent Reexamination Board within three months from the date of receipt of the notice. After the review, the Patent Reexamination Board makes a decision and notifies the patent applicant.

2. If the patent applicant is dissatisfied with the reexamination decision of the Patent Reexamination Board, he may file a lawsuit with the people's court within three months from the date of receipt of the notice.

Dear, as a professional, I think you may have misunderstood. As long as the request for review is submitted within a reasonable period of time, the review board will give a notice of acceptance, and then the actual trial will be scheduled. The number of patent applications in China is large, and the number of reexaminations is also rising, and the reexamination board has a backlog of cases.

After submitting a request for review, it often takes a long time for the review board to conduct the actual examination. At this stage, there is very little that the reviewer can do, so be patient.

Trimester. Article 46 of the Patent Law stipulates that:

The Patent Reexamination Board shall examine and make a decision on the request for invalidation of the patent right in a timely manner, and notify the applicant and the patentee. The decision to declare the patent right invalid shall be registered and announced by the patent administration department.

A person who is dissatisfied with the decision of the Patent Reexamination Board to declare the patent right invalid or to maintain the patent right may file a lawsuit with the people's court within three months from the date of receipt of the notice. The people's court shall notify the opposing party to the invalidation request procedure to participate in the litigation as a third party.

1. If the Patent Reexamination Board finds that the request for reexamination does not comply with the provisions after conducting the reexamination, it shall be handled in accordance with the following circumstances:

1) The person requesting the review shall be notified and required to state its opinions within the specified time limit;

2) If there is no response within the time limit, the request for review shall be deemed to be withdrawn;

3) If the Patent Reexamination Board finds that it still does not comply with the requirements after stating its opinions or making amendments, it shall make a reexamination decision to uphold the original rejection decision.

2. Legal basis: Detailed Rules for the Implementation of the Patent Law of the People's Republic of China

Article 63 If, after conducting a reexamination, the Patent Reexamination Board finds that the request for reexamination does not comply with the relevant provisions of the Patent Law and these Detailed Rules, it shall notify the applicant for reexamination and require him to state his or her opinions within the specified time limit. if there is no response at the expiration of the time limit, the request for review shall be deemed to be withdrawn; If, after making a statement of opinion or making amendments, the Patent Reexamination Board finds that it still does not comply with the relevant provisions of the Patent Law and these Regulations, it shall make a reexamination decision to uphold the original rejection decision.

If, after conducting a reexamination, the Patent Reexamination Board finds that the original decision of rejection does not comply with the relevant provisions of the Patent Law and these Regulations, or that the amended patent application documents have eliminated the defects pointed out in the original decision of rejection, it shall revoke the original decision of rejection and the original examination department shall continue the examination procedure.

1. Time limit for requesting patent reexamination.

1) Within three months from the date of receipt of the rejection decision made by the Patent Office, the patent applicant may submit a request for review to the Patent Reexamination Board; Where the time limit for submitting a request for review does not meet the above provisions, the request for review will not be accepted.

2) If the time limit for filing a request for reexamination does not comply with the above provisions, but the applicant for reexamination submits a request for restoration of rights after the Patent Reexamination Board has made a decision not to accept it, if the request for restoration of rights complies with the provisions of the Detailed Rules for the Implementation of the Patent Law on restoration of rights, the request for reinstatement shall be allowed to be postponed and the request for reexamination shall be accepted; and where the relevant provisions are not complied with, it will not be restored.

3) If the time limit for filing a request for reexamination does not meet the above provisions, but the applicant for reexamination submits a request for restoration of rights before the Patent Reexamination Board makes a decision not to accept the application, the above two requests may be combined; If the request for restoration of rights complies with the provisions of the Detailed Rules for the Implementation of the Patent Law on restoration of rights, the request for reexamination shall be accepted; If the relevant provisions are not complied with, the request for review shall not be accepted.

1. The provisions for requesting a review to the Patent Reexamination Board are as follows:

1) Where a request for reexamination is made to the Patent Reexamination Board, a written request for reexamination shall be submitted, explaining the reasons and, if necessary, relevant evidence shall be attached.

2) If the request for reexamination does not comply with the relevant provisions of the Patent Law, the Patent Reexamination Board shall not accept it, and shall notify the applicant for reexamination in writing and explain the reasons.

3) If the request for reexamination does not conform to the prescribed format, the applicant for reexamination shall supplement and correct it within the time limit specified by the Patent Reexamination Board; If it is not supplemented and corrected at the expiration of the time limit, the request for review shall be deemed not to have been submitted.

2. Legal basis: Detailed Rules for the Implementation of the Patent Law of the People's Republic of China

Article 60 Where a person requests reexamination to the Patent Reexamination Board in accordance with the provisions of Article 41 of the Patent Law, he shall submit a written request for reexamination, explain the reasons and, if necessary, attach relevant evidence to the Patent Reexamination Board.

If the request for reexamination does not comply with the provisions of Paragraph 1 of Article 19 or Paragraph 1 of Article 41 of the Patent Law, the Patent Reexamination Board shall not accept the request and notify the applicant for reexamination in writing and explain the reasons.

If the request for reexamination does not conform to the prescribed format, the applicant for reexamination shall supplement and correct it within the time limit specified by the Patent Reexamination Board; If it is not supplemented and corrected at the expiration of the time limit, the request for review shall be deemed not to have been submitted.

1. Specific steps for submitting a request for review.

1. Submit the Request for Reexamination to the Patent Reexamination Board

Request for Review in duplicate, explaining the reasons and attaching relevant supporting documents. The grounds for reexamination can only be for the matters involved in the decision of the Patent Office to reject the patent application or revoke or maintain the patent right, and no other irrelevant reasons and supporting materials shall be submitted, otherwise it will not be accepted.

2. Accepted by the review committee.

The Patent Reexamination Board shall forward the accepted request for reexamination to the original examination department of the Patent Administration Department for examination. If, at the request of the applicant for reexamination, the original examination department agrees to revoke the original decision, the Patent Reexamination Board shall make a decision on reexamination accordingly and notify the applicant of the reexamination.

If the original examination department does not agree to revoke the original decision, and the Patent Reexamination Board conducts a review and finds that the original rejection decision does not comply with the relevant provisions of the Patent Law and the detailed rules of the Patent Law, or believes that the revised patent application documents have eliminated the defects pointed out in the original rejection decision, the original rejection decision shall be revoked and the original examination department shall continue the examination procedure.

If, after conducting a reexamination, the Patent Reexamination Board finds that the request for reexamination does not comply with the relevant provisions of the Patent Law and the Detailed Rules of the Patent Law, it shall issue a notice of reexamination, notify the applicant for reexamination, and require him to state his or her opinions within the specified time limit. If there is no reply at the expiration of the time limit, the request for review shall be deemed to be withdrawn.

3. The requester states its opinions.

The applicant makes a statement of opinion on the issues mentioned in the notice of appeal, i.e., the opinion of the counter-examiner, argues for his own patent, and eliminates the problems mentioned by the examiner.

4. The review committee makes a review decision.

If, after stating its opinions or making amendments, the Patent Reexamination Board finds that it still does not comply with the relevant provisions of the Patent Law and the detailed rules of this Law, it shall make a reexamination decision to uphold the original rejection decision, and if it finds that it is in accordance with the original rejection decision, it shall revoke the original rejection decision.