1. What are the circumstances in which the request for invalidation of a patent is not accepted?
The circumstances in which the request for invalidation of a patent is not accepted are as follows:
1. The request for invalidation is not directed at the patent that has been announced and authorized, and will not be accepted. The requester may request for invalidation of the patent that has been terminated or abandoned;
2. If the request for invalidation of the patent right has been examined by the Patent Reexamination Board and declared invalid, it will not be accepted. After the decision of the Patent Reexamination Board to declare part of the patent right invalid comes into effect, the claimant may make a request for invalidation of the rights maintained by the decision;
3. Where the patentee requests the invalidation of his patent right, the request for invalidation of the patent right is completely invalid, the submitted evidence is not made public, or the claimant is not all the patentees of * * *, it will not be accepted.
Second, the legal provisions related to patent invalidation.
Detailed Rules for the Implementation of People's Republic of China (PRC) Patent Law
Article 65. According to the provisions of Article 45 of the Patent Law, anyone who requests to declare the patent right invalid or partially invalid shall submit it to the Patent Reexamination Board in duplicate with necessary evidence. The request for invalidation shall, in combination with all the evidence submitted, specify the reasons for the request for invalidation and indicate the evidence on which each reason is based.
The reason for the request for invalidation mentioned in the preceding paragraph refers to that the invention-creation granted a patent does not conform to the provisions of Article 2, Paragraph 1 of Article 20, Article 22, Article 23, Paragraph 3, Paragraph 4 of Article 26, Paragraph 2 of Article 27, Paragraph 2 of Article 33 or Paragraph 2 of Article 20, Paragraph 1 of Article 43 of these Rules, or belongs to the provisions of Article 5 and Article 25 of the Patent Law.
Rule 66 Where the request for invalidation of the patent right does not conform to the provisions of Paragraph 1 of Article 19 of the Patent Law or Article 65 of these Rules, the Patent Reexamination Board shall not accept it.
After the Patent Reexamination Board makes a decision on the request for invalidation, the Patent Reexamination Board refuses to accept the request for invalidation on the same grounds and evidence.
The Patent Reexamination Board refuses to accept the request for invalidation on the grounds that the patent right for design does not conform to the provisions of the third paragraph of Article 23 of the Patent Law, but has not submitted any evidence to prove the conflict of rights.
If the request for invalidation of the patent right does not conform to the prescribed format, the claimant for invalidation shall make corrections within the time limit specified by the Patent Reexamination Board; If no correction is made at the expiration of the time limit, the request for invalidation shall be deemed not to have been made.
Requests for invalidation of patents are generally accepted by the Patent Reexamination Board. After receiving the patent invalidation request, the staff of such institutions need to verify whether the claimant has the subject qualification of civil litigation. After they are satisfied, they need to further review the materials submitted by the applicant, and then they need to make a decision on whether to declare the patent invalid within a limited time.