1, the search report issued by the plaintiff did not find any technical documents that led to the loss of novelty and creativity of the utility model patent;
2. The evidence provided by the defendant is sufficient to prove that the technology used is known;
3. The evidence or reasons for the defendant's request to declare the patent right invalid are obviously insufficient;
4. Other circumstances in which the people's court considers that the lawsuit should not be suspended.
legal ground
Article 10 of the Provisions of the Supreme People's Court on the Applicable Law in the Trial of Patent Dispute Cases.
If the defendant requests the invalidation of the patent right after the expiration of the defense period, the people's court will not suspend the lawsuit, unless it is considered necessary to suspend the lawsuit after examination.
Article 11
If the defendant requests to declare the patent right invalid during the defense period, the people's court shall not suspend the lawsuit.