China National Intellectual Property Administration, Administrative Reconsideration Rules

Promulgated: December 30, 2024
Effective: February 1, 2025

Main contents: In an administrative reconsideration case that it is handling, the China National Intellectual Property Administration may carry out mediation in accordance with the law (Article 5).

With the exception of circumstances that, in accordance with the law, fall outside the scope of administrative reconsideration, a citizen, legal person or other organization may apply for administrative reconsideration in accordance with the law in any of the following circumstances:

(1)        where he/she/it is dissatisfied with an administrative act rendered by the China National Intellectual Property Administration concerning a patent filing or a patent;

(2)        where he/she/it is dissatisfied with an administrative act rendered by the China National Intellectual Property Administration concerning a trademark registration application or the exclusive right to use a registered trademark;

(3)        where he/she/it is dissatisfied with an administrative act rendered by the China National Intellectual Property Administration concerning an application for the registration of an integrated circuit layout design or the proprietary right to an integrated circuit layout design;

(4)        where he/she/it is dissatisfied with an administrative act rendered by the China National Intellectual Property Administration concerning the protection of a product bearing a geographical indication or the unified official sign for geographical indications;

(5)        where he/she/it is dissatisfied with an administrative act rendered by the China National Intellectual Property Administration concerning the administration of patent or trademark agency;

(6)        he/she/it applied to the China National Intellectual Property Administration for it to perform its statutory duty of protecting personal rights, property rights or other such lawful right or interest, but the China National Intellectual Property Administration refused to perform the same, failed to perform the same in accordance with the law or failed to respond;

(7)        he/she/it is of the opinion that the China National Intellectual Property Administration infringed upon his/her/its lawful rights and interests in its government information disclosure work; or

(8)        he/she/it is of the opinion that another administrative act rendered by the China National Intellectual Property Administration infringed upon his/her/its lawful rights and interests (Article 7).