Reasons for invalidation of patent right

The reason why the patent right is invalid is that any unit or individual has submitted a written application to the Patent Reexamination Board for granting the patent right that is not in conformity with the relevant provisions of this Law since the date when the patent administration department of the State Council announced the grant of the patent right. If the Patent Reexamination Board considers that the application is legal after examination, it shall notify the claimant and the patentee and declare the patent right invalid.

legal ground

According to Article 45 of the Patent Law of People's Republic of China (PRC), which came into effect in June, 2002/KLOC-0.

Since the date when the patent administrative department of the State Council announced the grant of the patent right, any unit or individual may request the Patent Reexamination Board to declare the patent right invalid if it considers that the grant of the patent right is not in conformity with the relevant provisions of this Law.

Article 46

The Patent Reexamination Board shall promptly examine the request for invalidation of the patent right and make a decision, and notify the claimant 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 Patent Reexamination Board to declare the patent right invalid or maintain the patent right may bring a lawsuit to the 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.