Those who have right to complain:
+ Applicant has right to complain about application rejection, protection certificate rejection
+ Applicant requesting patent/utility solution application examination has right to compain about protection certificate issuing and does not have to pay comlaint fees
+ Any third party has right to complain about decision of protection certificate issuing and has to pay complaint fees
Complaining procedure
+ Complaint must be in writing, therein name and address of complainant; number, signed date, content of Decision or Notice that is complained about; concerned protection certificate application number; name of protection-required objects listed in application; content, arguments, evidence of complaint; concrete proposal of amendmend or cancellation of concerned Decision or conclusion; should be expressed clearly
+ Comlaint shoud be handed in within 01 month from Decision/Notice day. If it is filed after running out of time limitation, complaint will be rejected.
+ The NOIP have to answer the complaint in writing to complainant in 30 days from complaint date.
+ If disagreeing with the NOIP’s answer, complainant may lodge a complaint to the Minister of Science and Technology or file an administrative lawsuit.
In case of complaining to Minister of Science and Technology, the Minister must give the complainant notice of solution for comlaint in 60 days from complaint-receiving day.