Complete Guide to Patent Reexamination: Procedures, Success Rates, and Fee Insights
Patent reexamination serves as a crucial rem)edy for applicants and patentees to correct errors, overcome rejection grounds, or reinforce the stability of a patent right after grant. This guide provides a comprehensive explanation of the patent reexamination system, detailing the application process, key success factors, and associated costs, helping readers better understand how to respond to unfavorable decisions and make strategic use of this mechanism.
I. Overview of Patent Reexamination
Patent reexamination refers to the legal procedure whereby a dissatisfied party (typically the applicant) challenges a rejection or partial rejection decision issued by the patent examination authority, requesting the Patent Reexamination Board to conduct a second review.
1.1 Applicable Cases
- • Invention, utility, or design patent applications that have received a rejection decision
- • Partial rejection (some claims rejected)
- • Specific rejection types: novelty, inventive step, lack of clarity, unpatentable subject matter
1.2 Legal Basis
Reexamination procedures are governed by the Patent Law of the People’s Republic of China, its Implementing Regulations, and the “Guidelines for Patent Examination” issued by the China National Intellectual Property Administration (CNIPA).
II. Reexamination Process Explained
2.1 Timeline Overview
| Stage | Duration | Description |
| Filing for Reexamination | Within 3 months of the rejection decision | Applicant files request and supporting documents |
| Case Docketed | ~1 month | Formal review and case establishment |
| Substantive Examination | ~4–6 months | Examiners reassess based on arguments and amendments |
| Oral Hearing (if applicable) | ~1–2 months | Optional stage if case complexity requires clarification |
| Decision Issued | ~6–12 months total | Reexamination decision (uphold rejection, grant, or partial) |
2.2 Submission Requirements
- • Reexamination Request Form
- • Rejection Decision Copy
- • Statement of Grounds and Supporting Arguments
- • Amendments to Application Documents (if any)
2.3 Common Amendment Strategies
- • Clarifying technical features to address novelty/inventive step issues
- • Deleting non-essential claims to streamline examination
- • Rewriting ambiguous expressions for clarity
III. Success Rate and Influencing Factors
3.1 Reexamination Outcomes
According to recent CNIPA statistics:
- • ~30–40% of reexamination cases result in reversal (rejection overturned)
- • ~20–30% lead to partial acceptance (some claims allowed)
- • Remaining ~30–40% are reaffirmed (original rejection upheld)
3.2 Factors That Influence Results
| Factor | Positive Impact |
| Legal Reasoning Quality | Clear logic, supported by patent law/guidelines |
| Technical Clarity | Well-articulated innovation with diagrams if needed |
| Prior Art Distinction | Explicit differences from cited references |
| Strategic Amendments | Targeted and well-justified claim revisions |
IV. Costs Associated with Reexamination
4.1 Official Fees
- • Reexamination Fee (standard): RMB 300 (approx. USD 45)
- • Oral hearing (if held): no additional official fee
4.2 Attorney or Agent Fees
Varies by complexity and region:
- • Simple case: RMB 5,000–10,000 (approx. USD 700–1,400)
- • Complex technical/legal case: up to RMB 30,000 (approx. USD 4,000+)
4.3 Cost-Saving Tips
- • Clarify reasons for rejection with your attorney before filing
- • Target only key claims for defense
- • Use structured argument templates and checklists
V. Best Practices for a Successful Reexamination
5.1 Start Early
Prepare arguments and amendments immediately after receiving a rejection to ensure timely and effective filing.
5.2 Collaborate Closely with Technical Team
Understanding the invention in depth allows for stronger claim defense and more persuasive responses to prior art.
5.3 Use Professional Drafting Tools
Tools like PatSnap, CNIPA search, and structured claim templates can help map prior art, improve legal language, and optimize claims.
VI. Conclusion
Patent reexamination is a vital pathway for applicants to contest unfavorable decisions and secure patent rights. Understanding the procedural steps, success criteria, and cost implications can empower applicants to navigate this process strategically. A well-prepared reexamination request not only improves the chances of success but also strengthens the overall enforceability and commercial value of the patent.
Need help with a pending rejection? Our IP attorneys can assist with case analysis, argument drafting, and full reexamination support tailored to your invention.
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