How to sue the other party for patent invalidation

Article 45 of the Patent Law stipulates that any unit or individual who thinks that the grant of the patent right is not in conformity with the relevant provisions of this Law may request the Patent Reexamination Board to declare the patent right invalid from the date when the patent administrative department of the State Council announces the grant of the patent right.

Article 46 of the Patent Law stipulates that the Patent Reexamination Board shall promptly examine the request for invalidation of the patent right and make a decision, and notify the requester 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.

Accordingly, it is a necessary procedure before litigation to request the Patent Reexamination Board to declare the patent right invalid. Be prepared before declaring invalid, such as searching for comparative documents that destroy novelty and creativity.