Start with the deadline
An applicant who disagrees with a CNIPA rejection may request reexamination within three months from receipt of the decision. CNIPA’s service guide also states that the reexamination fee must be paid within that period. Check the applicable service method and records before calculating the date; do not simply assume that the issue date is the date of receipt.
Prepare the request
The applicant must submit a reexamination request explaining the grounds and provide evidence where necessary. Amendments may be made within the applicable limits to address defects identified in the rejection. Check the application as originally filed, procedural requirements and support for each proposed change.
Test the rejection reasoning
For example, when a rejection combines two references to challenge inventive step, compare the alleged distinguishing features, their technical effects, and the reasoning for the proposed combination. Then compare an argument-only response with amendment options and their effect on commercially relevant claim scope.
If the deadline was missed
Restoration depends on the circumstances, timing and applicable rules; it should never be assumed. Obtain the notices and service records promptly and assess the current requirements. A decision revoking rejection is not itself a patent grant; verify the subsequent status in the official record.