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According to article 41 of the Patent Law, a patent re-examination board shall examine a specific case before delivering a judgement upon request of re-examination. Cases involved in re-examination procedures include those where the applicant is not satisfied with a rejection decision of an application that has occured during the preliminary examination and the substantive examination.
Only the applicant of the patent is entitled to request a re-examination procedure. He shall file the request to the patent re-examination board of the State Intellectual Property Office within 3 months after receiving the rejection notification of an application.