The procedure for patent invalidation procedure explains what the patent invalidation procedure look

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Reexamination Board; If it is not corrected within the time limit, the request for invalidation shall be deemed to be withdrawn.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. What is the procedure for applying for invalidation of a patent right?

1. The procedure for applying for invalidation of a patent right is as follows:

1) The time for initiating invalidation proceedings is at any time from the date of grant of the patent right by the patent administration department, and may continue until the patent right is terminated;

2) The Patent Reexamination Board shall set up a collegial panel to conduct a collegial examination of the case requesting invalidation;

3) Where a decision is made on the request for invalidation, the collegial panel shall make a decision on the request for invalidation after review;

4) If the right holder is dissatisfied with the decision of the Patent Reexamination Board to declare the patent right invalid or maintain the patent right, it may file a lawsuit with the Patent Reexamination Board as the defendant in the people's court within 3 months from the date of receipt of the notice.

2. Legal basis: Article 47 of the Patent Law of the People's Republic of China.

A patent that has been invalidated is deemed to have ceased to exist ab initio.

The decision to declare a patent right invalid shall not have retroactive effect on the judgment or mediation document on patent infringement made and enforced by the people's court before the declaration of the patent right invalid, the decision on the settlement of patent infringement disputes that have been performed or enforced, and the patent exploitation license contract and patent right transfer contract that have been performed. However, compensation shall be given for the losses caused to others by the patentee's bad faith.

Where compensation for patent infringement, patent royalties, or patent transfer fees are not returned in accordance with the provisions of the preceding paragraph, and the principle of fairness is clearly violated, they shall be returned in whole or in part.

2. Under what circumstances will a patent be invalidated?

1. The subject matter of the patent application does not meet the conditions for granting the patent;

2. Illegal circumstances in the patent application;

3. The patent right violates the mandatory provisions of the law;

4. Duplicate authorization.

At present, there are still many disputes over patent rights, and the procedures for applying for patent invalidation are roughly as follows

1. The client explains the cause of action, the reasons for the invalidity and the facts, and determines the purpose of the invalidation request.

2. Sign the invalidation contract and power of attorney.

3. The client submits the identity certificate, including a copy of the business license of the enterprise and the identity certificate of the legal representative.

4. The client shall pay the relevant fees according to the contract.

5. The client is required to provide in writing the relevant search materials related to the prior rights related to the invalid patent, or to provide relevant technical information in the same technical field, similar technical field and related technical field; The client is also required to provide relevant search materials. If only a copy is provided, the source, printing, publication time and cover of the photocopy, the second or third cover or back cover, title page and other contents of the copy shall be provided in writing. If the invalidation of the appearance patent is involved, it is also necessary to provide all kinds of information, albums and other materials that are the same or similar to the patent, and collect relevant evidence, including prior disclosure documents, technical data, invoices, contracts, product objects and other relevant supporting materials for prior manufacturing and sales, and other notarized supporting materials for prior disclosure.

6. Study the evidentiary materials, determine the most effective invalidation request scheme, and whether it is necessary to notarize or appraise important evidence; Drafting a request for invalidation and filing a request for invalidation with the Patent Reexamination Board.

7. Settlement in the invalidation procedure, put forward the settlement plan and conditions according to the client's opinions, and write and sign the settlement agreement.

8. Study the patentee's statement of opinion and make a defense in a timely manner. If a patent involving high technology or new technology is invalidated, the client shall appoint professional and technical personnel who are familiar with the technology to cooperate and guide the technical analysis, write the invalidation request, and participate in the oral hearing.

9. When patent invalidation involves infringement disputes, assist the client in the following tasks: 1) Assist the client to obtain the notice of invalidation from the Patent Reexamination Board within the defense period (within 15 days); 2) After being accepted by the Patent Reexamination Board, submit a request to the people's court to suspend the trial of the patent infringement dispute; 3) After the Patent Reexamination Board makes an invalidation decision, it shall forward the relevant invalidation decision to the People's Patent Reexamination Board.