Legal Basis
Article 41 of Patent Law: Where an applicant for a patent is not satisfied with the decision of the Patent Reexamination Board 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. Where the applicant 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.
Authoried Office
CNIPA
The Documents Required for Appeal
- Application form and evidence if necessary.
- POA
Results of Examination
There are three types of decisions:
(1) Maintain refusal.
(2) Rvocate refusal.
(3) Revocate refusal after amending defects.
Fee Schedule
Appeal for invention: CNY 1,000; Appeal for utility: CNY 300; Appeal for design: CNY 300;
If the applicant meet the requirment, the payment can be reduced by 85%