What is the process of applying for patent invalidation?

Article 45 of the Patent Law stipulates that:"From the date of the announcement of the grant of the patent right by the State Intellectual Property Office, any unit or individual that believes that the grant of the patent right does not comply with the relevant provisions of this Law may request the Patent Reexamination Board to declare the patent right invalid. "In order to safeguard the seriousness of the Patent Law and safeguard the interests of the general public, the Patent Law of the People's Republic of China has been set up in the patent examination procedure"Patent invalidation proceedings"。

Where a claimant for invalidation of a patent right requests a declaration of invalidation or partial invalidation of the patent right, it shall submit it to the Patent Reexamination Board"Request for invalidation of a patent"and explain the reasons and, if necessary, attach relevant supporting documents and explain the facts on which the explanation is based. If the request for invalidation of a patent right does not conform to the prescribed format, the requester shall supplement and correct it within the time limit specified by the Patent Reexamination Board; If it is not corrected within the time limit, the request for invalidation shall be deemed to be withdrawn. The Patent Reexamination Board examines the request for invalidation of the patent right, makes a decision, and notifies the applicant and the patentee.

The decision to declare a patent invalid shall be registered and announced by the State Intellectual Property Office of China. If a person is dissatisfied with the decision of the Patent Reexamination Board to declare the invention patent invalid or to maintain the patent right, he may file a lawsuit with the people's court within three months from the date of receipt of the notice. Legal basis:

Article 45 of the Patent Law of the People's Republic of China shall apply to the Patent Reexamination Board to declare the patent right invalid if any unit or individual believes that the grant of the patent right does not comply with the relevant provisions of this Law. Article 46 of the Patent Law of the People's Republic of China provides that the Patent Reexamination Board shall examine and make a decision on a request for invalidation of a patent right in a timely manner, and notify the applicant and the patentee. The decision to declare the patent right invalid shall be registered and announced by the patent administration department.

A person who is dissatisfied with the decision of the Patent Reexamination Board to declare the patent right invalid or to maintain the patent right may file a lawsuit with the people's court within three months from the date of receipt of the notice. The people's court shall notify the opposing party to the invalidation request procedure to participate in the litigation as a third party.

(1) Commencement of invalidation proceedings

The invalidation proceedings shall be initiated at any time from the date of grant of the patent right by the patent administration department and may continue until the termination of the patent right. Since the decision on the examination of the request for invalidation can affect certain matters before the termination of the patent right, it is allowed to file a request for invalidation after the termination of the patent right.

The subject of the invalidation procedure includes any entity or individual, but according to the provisions of the Patent Examination Guidelines, the patentee shall not declare his patent right invalid in its entirety.

(2) Examination of the request for invalidation

After the Patent Reexamination Board has accepted the request for invalidation and initiated the invalidation procedure after passing the formal examination, it shall set up a collegial panel to conduct a collegial examination of the case requesting invalidation. The vast majority of cases are reviewed by a collegial group composed of three people (team leader, chief examiner, and participant). Only a very small number of major cases are reviewed by a five-member collegial team (1 team leader, 1 chief examiner, and 3 examiners).

(3) The decision to review the request for invalidation

After examination, the collegial panel made a decision on the request for invalidation.

There are three types of invalidation request review decisions;

The first is to declare the patent right invalid in its entirety, the second is to declare the patent right partially invalid, and the third is to maintain the validity of the patent right.

(4) Follow-up judicial relief procedures

According to the second paragraph of Article 46 of the Patent Law of the People's Republic of China, a person who is dissatisfied with the decision of the Patent Reexamination Board to declare the patent right invalid or to maintain the patent right may file a lawsuit with the Patent Reexamination Board as the defendant within three months from the date of receipt of the notice.

The court in which the lawsuit is accepted and the nature of the action is the same as that of the lawsuit filed against the review decision. It should be noted that the opposing party to the invalidation proceedings participates as a third party.

Prepare the materials for the request for invalidation, submit them to the reexamination board in person or by mail, and pay the fee for the request for invalidation - formal examination - issuance of a notice of correction - issuance of a notice of acceptance if the correction is qualified - supplementary reasons and arguments - issuance of an export examination notice to both parties - participation in the oral examination - issuance of an invalidation examination decision.

It needs to be in duplicate in paper form), if you need to ** how to submit an invalid ** power of attorney separately. Within one month of filing at the same time, you will need to submit an invalid fee. Mail it to the Review Board of the State Intellectual Property Office.

Of course, electronic copies can also be submitted at present, so there is no need to submit them in duplicate.

You have two questions, do you apply for a patent, or invalidate someone else's patent?

A request for patent invalidation shall be submitted in accordance with the following provisions: After the patent right is granted, if it is considered that it does not comply with the provisions of the law, any person or unit may request the Patent Reexamination Board to declare the patent invalid in accordance with the patent reexamination procedure, and the specific process of applying for patent invalidation is as follows: 1. Application time From the date of the announcement of the grant of the patent right by the patent administration department, any unit or individual may request the Patent Reexamination Board to declare the patent right invalid.

2. Applicable circumstances The grounds for invalidation request refer to the fact that the invention-creation for which a patent is granted does not comply with the provisions of Article 2, Article 20, Paragraph 1, Article 22, Article 23, Article 26(3), Paragraph 4, Article 27(2), Article 33 of the Patent Law, or Article 20(2) or Article 43(1) of these Rules, or falls under the provisions of Articles 5 and 25 of the Patent Law, or cannot obtain a patent right in accordance with Article 9 of the Patent Law. 3. The application documents shall be submitted to the Patent Reexamination Board in duplicate with the request for invalidation of the patent right and the necessary evidence. The request for invalidation shall specify the grounds for the request for invalidation in conjunction with all the evidence submitted, and indicate the evidence on which each ground is based.

4. Time for supplementing evidence After the Patent Reexamination Board accepts the request for invalidation, the requester may add reasons or supplementary evidence within one month from the date of filing the request for invalidation. If the reasons or supplementary evidence are added within the time limit, the Patent Reexamination Board may not consider them.