How to apply for patent invalidation? What are the procedures for invalidation of patent applications?

How to apply for patent invalidation? What are the procedures for invalidation of patent applications? According to the relevant regulations, any unit or individual may request the Patent Reexamination Board to declare the patent right invalid if it thinks that the grant of the patent right is not in conformity with the relevant provisions of this Law since the date when the patent administrative department of the State Council announced the grant of the patent right. So how should the patent application invalidation procedure go? How to apply for patent invalidation? What are the procedures for invalidation of patent applications? Procedure for Invalidation of Patent Application (1) Initiation of Invalid Procedure The invalid procedure shall start at any time from the date when the patent administration department of the State Council grants the patent right, and may last until the patent right is terminated. Because the decision to examine the request for invalidation can affect some matters before the termination of the patent right, it is allowed to make the request for invalidation after the termination of the patent right. The subject of invalidation procedure: including any unit or individual, but according to the provisions of the Patent Examination Guide, the patentee shall not declare all his patents invalid. Process of application for invalidation of patent (II) Examination of the request for invalidation After accepting the request for invalidation through formal examination, the Patent Reexamination Board will start the procedure of invalidation and set up a collegial panel to conduct collegial examination on the case of the request for invalidation. Most cases are reviewed by a collegial panel composed of three people (team leader, presiding judge and jurors). Only a few serious cases are examined by a collegial panel of five people (1 team leader, 1 presiding judge and three jurors). Process of patent invalidation application (III) After examination, the collegial panel makes a decision on examining the request for invalidation. There are three types of decisions to examine the request for invalidation; One is to declare all patents invalid, the other is to declare some patents invalid, and the third is to maintain the validity of patents. Process of applying for invalidation of patent (IV) Follow-up judicial relief procedure According to paragraph 2 of Article 46 of China's Patent Law, if you refuse to accept the decision of the Patent Reexamination Board to declare the patent invalid or maintain the patent right, you may bring a lawsuit to the people's court with the Patent Reexamination Board as the defendant within 3 months from the date of receiving the notice. The court accepting the lawsuit and the nature of the lawsuit are the same as those filed against the review decision. It should be noted that the other party to the invalid procedure participated in the lawsuit as a third party. What if the patent application is invalid? What are the procedures for invalidation of patent applications? We are here to answer this question for you. If you want to apply for invalid patent, please contact our online customer service or call Bajie Intellectual Property National Free Service Hotline. We have many years of professional intellectual property agency experience, professional business team and the concept of serving customers wholeheartedly, which can help you apply smoothly.