The procedures for applying for invalidation of patent are as follows: 1. The applicant makes an invalid request and submits relevant evidence; 2, the patent administrative department of the State Council to review the application materials; 3. The patent administrative department of the State Council shall make a decision to declare the patent right invalid according to law, notify the claimant and the patentee, and make registration and announcement. Legal objectivity:
Article 45 of the Patent Law of the People's Republic of China * * * Since the date when the patent administration department in the State Council announced the grant of the patent right, any unit or individual may request the patent administration department in the State Council to declare the patent right invalid. Article 46 of the Patent Law of the People's Republic of China * * * The patent administration department in the State Council shall promptly examine and make a decision on the request for invalidation of the patent right, and notify the requester and the patentee. The decision to declare the patent right invalid shall be registered and announced by the patent administration department of the State Council. Anyone who refuses to accept the decision of the State Council Patent Administration Department to declare the patent right invalid or maintain the patent right may bring a suit in a people's court within three months from the date of receiving the notice. The people's court shall notify the other party to the procedure for requesting invalidation to participate in the proceedings as a third party.