A rejected patent, an invalidated trademark, a refused information disclosure—when an administrative act of China’s National Intellectual Property Administration (CNIPA) harms your rights, litigation is not the only route. There is a faster one: administrative reconsideration. The revised CNIPA Administrative Reconsideration Rules took effect on 1 February 2025, widening, speeding up, and simplifying this remedy.
What the revision addresses
- The 2012 Rules could not keep pace with the surge and diversification of IP cases.
- The revised Administrative Reconsideration Law (effective 1 Jan 2024) required alignment.
- The new Rules clarify CNIPA’s jurisdiction over trademark and geographical-indication reconsideration cases.
Broader scope of acceptance
Except where law excludes it, any citizen or entity whose legitimate rights are affected by a CNIPA act may apply. Newly covered: trademark registration applications, exclusive trademark rights, geographical-indication products and marks, and government information disclosure.
The pre-reconsideration requirement is expanded: for non-disclosure of government information, inaction, or on-the-spot administrative penalties, you must first apply for reconsideration.
More accessible applications
- Besides mail and in-person filing, applications may go through CNIPA’s designated online channel (patent e-filing users via the patent business system).
- Broader representation: beyond lawyers, patent attorneys and trademark agents may act in reconsideration.
- Review within five working days of receipt; unclear cases get one written notice of supplementation.
Adjudication focused on substantive resolution
The Rules implement “differentiated handling”: ordinary proceedings must hear the parties (unless they cannot), and mediation is allowed where voluntary and lawful.
Administrative remedies bear on right survival—exercise them within the time limit. Pair this with our patent annuity monitoring and trademark classification search to keep daily rights management solid.
This article introduces the intellectual property system of the People’s Republic of China (China). For the latest official rules, please refer to the competent authorities.
常见问题
Which cases fall under the new Rules?
Except lawful exclusions, acts on patents, trademarks, IC layout designs, geographical indications, and information disclosure.
When is reconsideration mandatory first?
For non-disclosure of government information, inaction, or on-the-spot penalties—you must first apply for reconsideration.
Can someone represent me?
Yes. Beyond lawyers, patent attorneys and trademark agents may act in reconsideration.
How fast is the review?
CNIPA reviews within five working days of receipt; unclear cases get one written notice to supplement.
来源：国家知识产权局（CNIPA）政策解读，2024-12-31。原文链接：《国家知识产权局行政复议规程》解读
本文为政策解读，仅供参考，不构成官方解读与法律意见。如需进一步咨询，请联系合肥知海易达专利代理事务所（机构代码 34408）。