What documents and examination procedures are needed to apply for patent invalidation?
What documents and examination procedures are needed to apply for patent invalidation? In order to correct the wrong authorization that the patent office may make, the patent law not only stipulates the procedure of revocation of the patent right, but also stipulates the procedure of invalidation. After the expiration of six months from the date when the Patent Office announced the authorization, any unit or individual may request the Patent Reexamination Board to declare the patent right invalid or partially invalid if it considers that the grant of the patent right is not in conformity with the relevant provisions of the Patent Law. Let's give you a detailed introduction to Bajie's intellectual property rights. What documents are needed to declare a patent invalid? 1. Announcement text of the patent declared invalid. 2. Request for invalidation. 3. Reasons and evidence for invalidation. 4. Power of attorney. 5. What are the procedures for the court summons to review the patent invalidation application? 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. Under normal circumstances, the longest examination period of invention patents is about 2-3 years, followed by utility models about 1.5-2.5 years, and the appearance examination period is shorter, generally 1- 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. Time for Invalidation of Patent Application According to the provisions of Article 45 of China's Patent Law, any unit or individual may request the Patent Reexamination Board to declare the patent invalid if it thinks that the patent granted is not in conformity with the relevant provisions of the Patent Law from the date when the patent administrative department of the State Council announces the grant of the patent. That is, from the date of patent authorization, any person or unit can make a request for invalidation of the patent. What documents and examination procedures are needed to apply for patent invalidation? We are here to answer this question for you. If you want to apply for a patent and declare it invalid, 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, first-class business team and the concept of serving customers wholeheartedly, which will definitely help you apply smoothly.