1. Procedure for declaring patent invalid 1. According to the provisions of Article 45 of the Patent Law of China, any unit or individual may request the Patent Reexamination Board to declare the patent right invalid from the date when the patent administrative department of the State Council announces the grant of the patent right. That is, from the date of patent authorization, any person or unit may request invalidation of the patent. 2. Documents required for filing a patent invalidation A. Announcement text of the declared invalid patent (downloadable from the Internet); B. Request for invalidation (we can make it on our behalf); C. Invalid reasons and evidence (the reasons are mainly written by us, please refer to Item 5 to provide basic evidence); D. Power of attorney (we prepare a blank power of attorney, which will be signed or sealed by the requester) E. Court summons (if any, it will speed up the acquisition of the notice of acceptance of invalid request) 3. Patent invalidation application fee A. Official fee, depending on the type of patent to be invalidated, the official fee will be different. The specific amount is as follows: invention 3000/ RMB utility model 1500/ RMB design 1500/ RMB B. The amount of agency fee from invention patent 25000/ RMB utility model 20000/ RMB design patent 15000/ RMB is related to the complexity of the case, and we will make an analysis of the case. 4. Examination procedure for invalidation The invalidation shall be accepted and examined by the Patent Reexamination Board (hereinafter referred to as the "Reexamination Board"), which has different examination departments according to different technical fields. Invalid requests will be divided into departments according to the field, and all departments will set up a collegiate bench to review them in chronological order. Due to different cases in different fields, the review cycle of invalidation will be quite different. Generally speaking, the longest examination period for invention patents is about 2-3 years, followed by 0.5-2 years for utility models, and the appearance examination period is short, generally 0.5- 1.5 years. In addition, if there is a patent ownership dispute in the process of invalid examination, the invalid examination can be suspended and the period of invalid examination can be further extended. Except for particularly simple cases, there is usually an oral review procedure in the invalid review procedure, which is similar to the court trial procedure. Both parties make oral statements under the auspices of the collegial panel, and generally will receive an invalid review decision about 3-5 months after the oral review procedure. 5. Preparation of evidence for invalidation In the invalidation procedure, the claimant bears the burden of proof. The detailed rules for the implementation of the patent law stipulate the time limit for the claimant to provide evidence. According to Article 66 of the Detailed Rules for the Implementation of the Patent Law, after the Patent Reexamination Board accepts the request for invalidation, the claimant may supplement the reasons or evidence within one month from the date of filing the request for invalidation. If reasons or evidence are supplemented within the time limit, the Patent Reexamination Board may not consider it. Therefore, the reasons and evidence of the request for invalidation should be supplemented within one month from the date of filing the request for invalidation, otherwise, the evidence and reasons submitted after the time limit may face the result of rejection. Evidence can come from home and abroad. For foreign language evidence, it is necessary to provide the Chinese translation of the use part at the same time. If the translated content is not recognized by the other party, it can be retranslated by both parties through consultation or by a translation agency designated by the reexamination board. Foreign evidence needs notarization. The basic requirement of evidence is information made public before patent application, and patent application documents and published journals are commonly used in practice. Including domestic and foreign patents and periodicals. The public date of the evidence used is earlier than the filing date of the patent declared invalid, and it can be proved that it is public material. Such as providing serial numbers of periodicals and magazines. According to Article 46 of the Patent Law, if the Patent Reexamination Board refuses to accept the decision to declare the patent invalid or maintain the patent right after making the decision to declare it invalid, (the party concerned) may bring a lawsuit to the people's court within three months from the date of receiving the notice. According to China's jurisdiction, administrative litigation involving patent invalidation is currently under the jurisdiction of Beijing No.1 Intermediate People's Court, which is the first instance of administrative litigation. If a party refuses to accept the result of the first instance, he may appeal to the Beijing Higher People's Court (the second instance). The second instance is final and its judgment is final. Second, the relevant time limit for patent invalidation 1, the time limit for filing a request for invalidation is any time from the date of the announcement of the patent right being granted. 2. Time limit for adducing evidence in the procedure of invalidation. The invalid claimant has 1 month from the date of filing the request for invalidation to supplement the reasons and submit new evidence, otherwise it will not be considered. 3. Time limit for the request fee for invalidation The claimant shall pay the request fee for invalidation within 0 months from the date of filing the request for invalidation. 4. If the power of attorney in the invalidation procedure is not in conformity with the provisions, and the applicant entrusts a patent agency but fails to submit the power of attorney to the Patent Reexamination Board or fails to designate an authorized organ, the applicant shall make corrections within 7 days from the date of receiving the notice. 5. Time limit for reply to the notice of acceptance of the request for invalidation. The patentee shall reply within 0 months from the date of receiving the notice of acceptance of the request for invalidation.