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ARTICLE · 13 MARCH 2023

Discourse About The Examination According To The Authority In The Reexamination Procedure

Section 1, Chapter 2, Part IV of the GUIDELINES FOR PATENT EXAMINATION stipulates: "The reexamination procedure is a relief procedure initiated by the applicant who is dissatisfied...

ChinaIntellectual Property

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Section 1, Chapter 2, Part IV of the GUIDELINES FOR PATENT EXAMINATION stipulates: "The reexamination procedure is a relief procedure initiated by the applicant who is dissatisfied with the decision of rejection of the application by the Patent Office; meanwhile, it is a continuation of the examination procedure for a patent application. Therefore, on one hand, the Patent Reexamination Board normally restricts its examination to the grounds and evidence on which the decision of rejection is based, and is not obliged to undertake a comprehensive examination on the patent application; on the other hand, the Patent Reexamination Board may conduct examination ex officio on other obvious substantive defects than those mentioned in the decision of rejection, so as to improve the quality of the patent granted and avoid unreasonable prolongation of the examination and granting procedure."

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