What are the formal examinations that should be carried out on a request for reexamination?

Nowadays, people in society are becoming more and more aware of property rights. Many people apply for patents for their designs or works. There are related procedures for applying for patents. Today, the editor of Legal Savior Network has compiled for you the "formal examination that should be carried out on a reexamination request". "What are they?" I believe you will gain something from reading the explanation of appeal issues below.

What are the formal examinations that should be performed on a request for reexamination

"Patent Law of the People's Republic of China" "stipulates that "the Patent Administration Department of the State Council shall establish a Patent Reexamination Committee. If a patent applicant is dissatisfied with the decision of the Patent Administration Department of the State Council to reject an application, he may request a reexamination from the Patent Reexamination Committee within three months from the date of receipt of the notice." Patent Reexamination After receiving the patent applicant's reexamination request, the committee shall first conduct a formal examination of the applicant's reexamination request. The contents of the formal examination include the following aspects:

1. Examine whether the applicant’s request for reexamination complies with the “three months from the date of receipt of notification” stipulated in the Patent Law within the statutory period;

2. Examine whether the applicant’s request for reexamination exceeds the statutory period of three months and the reasons are consistent with the reasons for extension under the Patent Law;

3. Examination application review requester, person being revoked, person requesting maintenance of rights, person requesting cancellation Legality of subject qualifications;

4. Whether the format and writing requirements of the request for review and reexamination comply with the relevant provisions of the "Implementing Rules for the Patent Law of the People's Republic of China" and requirements;

5. Whether the content of the review request is Comply with the requirements, such as: whether the request is accompanied by relevant supporting documents, whether it is in duplicate, modifications, etc.;

6. Examine whether the reexamination request falls within the provisions of inadmissibility;

7. Examine whether the reexamination requester has paid the prescribed fees in accordance with the provisions of the Implementing Rules of the Patent Law;

8. Check whether the requester for review has entrusted an agency. If so, the request for review should be included in the document requesting review. Whether a power of attorney has been submitted.

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