The re-examination procedure in China is to first file the re-examination request as well as arguments and amended application documents (if any) within three months from the date of receiving the Decision of Rejection; after the formal examination for the reexamination request is passed, the interlocutory examination will be conducted, wherein if the Examiner for interlocutory examination opines that the arguments and amended application documents (if any) overcome the issues raised in the Decision of Rejection, the Decision of Rejection will be withdrawn and the previous examination department will continue the examination on this application, otherwise, the case will be transferred to the Patent Reexamination and Invalidation Board; and the Board will then form a panel consisting of three examiners to reexamine the conclusion in the Decision of Rejection.

Please note that, before, the Examiner for the interlocutory examination is generally the previous examiner of the substantive examination, namely, the examiner who made the Decision of Rejection.  Therefore, the rate of withdrawing the Decision of Rejection during the interlocutory examination is extremely low since the Examiner for interlocutory examination generally insists the opinions in the Decision of Rejection unless the Applicant makes substantive amendments to the claims or provides new evidence(s).  However, in this year, we found the Examiner for the interlocutory examination is changed into a different examiner from the one who made the Decision of Rejection.  Exactly because of this, we noted the rate of withdrawing the Decision of Rejection during the interlocutory examination is increased than before.

Therefore, in view of the more objective examination opinions during interlocutory examination than before, filing reexamination request now is more benefit for the Applicant to shorten examination period and fight for a brighter granting prospect for your patent applications.

In addition, the newly amended Guidelines for Patent Examination further clarify, if the Applicant misses the deadline for filing a request for re-examination, the Applicant may file a restoration request with prescribed office fee within two months from the due date of requesting reexamination to continue the reexamination procedure.