What is meant by administrative reconsideration in the Patent Law?

Is it to go to the middle of the sun or the highest, flame to prosecute.

Reconsideration refers to the act of having a dispute with the patent applicant, patentee and other interested parties on the specific administrative acts made by the patent administration department in the exercise of their powers, and the patent administrative department shall review and make a ruling on the specific administrative acts caused by the dispute according to the request of the patent applicant, patentee and other interested parties.

Patent applicants, patentees and other interested parties may apply for administrative reconsideration if they subjectively believe that their legitimate rights and interests have been infringed. However, they must file an application for administrative reconsideration with the patent administration department within 15 days from the date on which they know or should know that the patent administration department has taken a specific administrative act. Administrative reconsideration can only be initiated by the application of the patent applicant, patentee and other interested parties, and cannot be initiated by the patent administration department itself.

1. What are the matters that cannot be reconsidered?

1) The patent applicant is dissatisfied with the decision to reject the patent application;

2) The patent applicant is dissatisfied with the reexamination decision;

3) The patentee and the applicant for invalidation are dissatisfied with the decision of the Patent Reexamination Board on the request for invalidation;

4) The patentee or the licensee of the compulsory license is dissatisfied with the award on the royalties for the compulsory license;

5) the applicant of the international application is dissatisfied with the decision made by the State Intellectual Property Office in its capacity as the receiving authority, international searching authority and international preliminary examining authority of the international application;

6) The applicant for layout design registration is dissatisfied with the decision to reject the application for registration of the ruler letter;

7) The applicant for layout design registration is dissatisfied with the reexamination decision;

8) The owner of the right to the layout design is dissatisfied with the decision to revoke the registration of the layout design;

9) The owner of the right to the layout design or the person who obtains the involuntary license is dissatisfied with the ruling on the remuneration of the involuntary license;

Therefore, administrative reconsideration in the patent law refers to an act of ruling on the request for administrative reconsideration submitted by the patent applicant by the relevant administrative department directly under the patent application, which is also to avoid the staff of the patent administrative department from operating the registration of the patent application in violation of regulations, and only the patent applicant or the person who has a relevant interest has the right to file an administrative reconsideration of the patent.

Legal analysis: China's patent administrative reconsideration refers to the administrative reconsideration initiated in response to specific administrative acts involving patent matters, including not only the specific administrative acts made by the State Intellectual Property Office in the process of examining and granting patent rights, but also the departments that manage patent work in handling patent infringement disputes.

Legal basis: Article 2 of the Administrative Reconsideration Law of the People's Republic of China This Law shall apply to citizens, legal persons or other organizations that believe that a specific administrative act infringes upon their legitimate rights and interests and submit an application for administrative reconsideration to an administrative organ, and the administrative organ accepts the application for administrative reconsideration and makes an administrative reconsideration decision.

Legal analysis: Patent administrative reconsideration refers to the act of reviewing and making a ruling on the specific administrative acts made by the patent administration department and its staff when exercising their powers and patent applicants, patentees and other interested parties on specific administrative acts made by the patent administration department.

Legal basis: Patent Law of the People's Republic of China Article 41 If the patent applicant is dissatisfied with the decision of the patent administration department to reject the application, he may apply to the patent administration department for reexamination within three months from the date of receipt of the notice. After review, the patent administration department shall make a decision and notify the patent applicant.

If the patent applicant is not satisfied with the reexamination decision of the patent administration department, he may file a lawsuit with the people's court within three months from the date of receipt of the notice.