The patent invalidation procedure is:
1. The opponent’s application for declaration of invalidity;
2. Review by the Trademark Review and Adjudication Board;
3. The Trademark Review and Adjudication Board declared it invalid.
If the opponent is dissatisfied, he may apply to the Trademark Review and Adjudication Board for review within fifteen days from the date of receipt of the notice. The Trademark Review and Adjudication Board shall make a review decision within twelve months from the date of receipt of the application, and notify the opponent and the opposed party in writing.
Legal Basis
Article 35 of the Trademark Law of the People's Republic of China
If the Trademark Office makes a decision to approve registration, it shall issue Trademark registration certificate and be announced. If the opponent is dissatisfied, he may request the Trademark Review and Adjudication Board to declare the registered trademark invalid in accordance with the provisions of Articles 44 and 45 of this Law.
If the Trademark Office makes a decision not to register and the opponent is dissatisfied, he or she may apply to the Trademark Review and Adjudication Board for review within fifteen days from the date of receipt of the notice. The Trademark Review and Adjudication Board shall make a review decision within twelve months from the date of receipt of the application, and notify the opponent and the opposed party in writing. If there are special circumstances that require an extension, it can be extended for six months with the approval of the industrial and commercial administration department of the State Council. If the opposed party is dissatisfied with the decision of the Trademark Review and Adjudication Board, it may file a lawsuit in the People's Court within 30 days from the date of receipt of the notice. The people's court shall notify the opponent to participate in the litigation as a third party.