(1) Reexamination Procedure

According to the Article 41 of the Chinese Patent Law, where an applicant for patent is not satisfied with the decision of the patent administration department under the State Council rejecting the application, the applicant may request the Patent Reexamination Board to make a reexamination. The decision of rejection that a reexamination request may be filed includes the decision rejecting the application during the preliminary examination and substantive examination procedures.

The reexamination procedure is a relief procedure initiated by the applicant who is not satisfied with the decision of rejection of the application by the Patent Office; meanwhile, it is a continuation of the patent examination procedure. The workflow chart is shown as follows:

 
     (2) Litigation Procedure (Reexamination)

Where a petitioner or patentee is not satisfied with the reexamination 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 Beijing First Intermediate People's Court.

Where any party is not satisfied with the judgment or ruling made by the Beijing First Intermediate People's Court, it or he may, within 15 days from the date of receipt of the paper of judgment or within 10 days from the date of receipt of the civil order, institute legal proceedings in the Beijing Higher People's Court.

Where any party is not satisfied with the effective judgment or ruling made by the People’s Court, it or he may appeal it to the original People’s Court or the People’s Court at the next higher level, but the judgment or ruling is not stopped to be executed.

With respect to the case where the petitioner fails to institute legal proceedings after losing of the first instance or the case where the petitioner loses the second instance, the Patent Reexamination Board shall enforce the effective judgment, and establish a new collegiate panel to make a decision again.