Is the patent invalidation filed with the court or the patent office?

The decision to declare the patent right invalid shall be registered and announced by the China Patent Office.

Legal basis:

According to the provisions of the patent law:

According to the provisions of Article 45 of the Patent Law, if a patent right is requested to be declared invalid or partially invalid, a request for invalidation of the patent right and necessary evidence shall be submitted to the Patent Reexamination Board in duplicate. 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.

Article 41

The Patent Administration Department of the State Council has set up the Patent Reexamination Board. If the applicant for a patent refuses to accept the decision of the patent administrative department of the State Council to reject the application, he may, within three months from the date of receiving the notice, request a reexamination with the Patent Reexamination Board. After reexamination, the Patent Reexamination Board shall make a decision and notify the patent applicant.

If the patent applicant refuses to accept the reexamination decision of the Patent Reexamination Board, he may bring a lawsuit to the people's court within three months from the date of receiving the notice.

Therefore, the decision to declare the patent right invalid should be registered and announced by the China Patent Office.