How to invalidate a patent? What are the procedures for invalidation of a patent?

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.

The applicant shall make corrections 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Reexamination Board; If it is not corrected within the time limit, the request for invalidation shall be deemed to be withdrawn.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.

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1. Formal examination.

After receiving the request, the Patent Reexamination Board will first conduct a formal examination, including whether the patent for which the request for invalidation is filed has been granted; whether the request for invalidation meets the format requirements; The reason for the request for invalidation, whether it is a statutory reason, etc.

2. Collegiate review.

In the invalidation procedure, the collegial panel usually only examines the scope, grounds and evidence submitted by the parties to the request for invalidation.

The parties may choose to settle.

3. Oral hearing.

The parties may bend the hail and request an oral hearing (** trial) by the collegial panel on the following grounds:

1) One of the parties requests to cross-examine and debate with the other party in person;

2) the need to present the facts to the collegial panel in person;

3) Physical demonstrations are required;

4) It is necessary to ask witnesses who have given testimony to testify.

4. Review decision of the request for invalidation.

There are three types of review decisions on the request for invalidation:

1) Declare the patent right invalid in its entirety;

2) declare the patent partially invalid;

3) Maintain the validity of the patent right.

After the decision of the Patent Reexamination Board to declare the patent right invalid takes effect, it shall be registered and published by the State Intellectual Property Office.

If the parties are not satisfied with the invalidity decision, they may file a lawsuit with the court.

Article 45 of the Patent Law of the People's Republic of China As of the date of the announcement of the grant of the patent right by the patent administration department, any unit or individual who believes that the grant of the patent right does not comply with the relevant provisions of this law may request the patent administration department to declare the patent right invalid.

Article 46 of the Patent Law of the People's Republic of China*** The patent administration department shall examine and make a decision on the request for invalidation of the 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.

If a person is dissatisfied with the decision of the patent administration department to declare the patent right invalid or to maintain the patent right, he or she 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. What are the main procedures for initiating patent invalidation?

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 have an impact on 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: including any entity or individual, the patentee shall not declare all of its patent rights invalid.

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 on the review of 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, one 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.

If a person is dissatisfied with the decision of the Patent Reexamination Board to declare the patent right invalid or to maintain the patent right, he or she may file a lawsuit with the People's Court with the Patent Reexamination Board as the main 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.

Where a request for invalidation or partial invalidation of a patent right is requested, the request for invalidation of the patent right and the necessary evidence shall be submitted to the Specialized Reform and Profit Review Board in duplicate. The request for invalidation shall be combined with all the evidence submitted before the submission, explain the reasons for the request for invalidation in a repentant manner, and indicate the evidence on which each reason is based.