(a) the provisions of the reasons or evidence put forward by the claimant when making the request for invalidation, and supplement the reasons or evidence within one month from the date of making the request.
The claimant may, within one month from the date of filing the request for invalidation, put forward or supplement any legal invalid reasons and all kinds of evidence, but he must specify the invalid reasons within one month, and the submitted evidence shall be merged with the evidence. Otherwise, the Patent Reexamination Board will not consider it. The reason for making the above provisions is that in practice, when the claimant makes a request for invalidation, or within one month from the date of making the request, he only puts forward or increases the reasons for invalidation in general, without specifying them, and the person who submitted or supplemented the evidence did not specify the reasons for invalidation in combination with the evidence, but only explained them in detail in the oral hearing, which caused a sudden blow to the patentee.
(2) Provisions on the supplementary reasons and evidence provided by the claimant one month after the date of making the request.
It is stipulated that under normal circumstances, the claimant shall not supplement reasons or evidence; At the same time, in view of the special circumstances of objective reality, it is stipulated that the claimant is allowed to supplement reasons or evidence, and the corresponding time limit, form or type of proof is required.
1. Generally, the requester is not allowed to supplement reasons or evidence.
The reason for this provision is that when the claimant requests to declare the patent invalid, it should point out the defects and invalid reasons of the patent. If evidence is needed, it should be submitted, and the claimant can know these defects and invalid reasons at this time and generally obtain relevant evidence. If the reasons or evidence presented at the time of making the request are not comprehensive and specific, all the reasons and evidence shall be supplemented within one month. This provision can prevent the claimant from making a request for invalidation at will or delaying the presentation of invalid reasons and evidence, abusing and delaying the invalidation procedure, and can also prevent the claimant from adding reasons or evidence at any time to cause a sudden attack on the patentee.
2. Under special circumstances, you can supplement the reasons or provide supplementary evidence.
(1) It is allowed to add exceptions for reasons after one month from the date of request.
The first exception is that the patentee is required to modify the claim through merger; The deadline requirement is that it must be within the time limit specified by the Patent Reexamination Board; The formal requirement is that the reason for the invalid addition must be stated.
Because in this case, the merged claim may have new defects that should be declared invalid, such as unclear after the merger. It is impossible for the claimant to know these defects in advance within one month from the date of filing the request for invalidation. Therefore, the applicant's supplementary reasons should not be limited by this one-month period. At the same time, in order to avoid the delay of the invalidation procedure and the sudden attack on the patentee, the time limit and form requirements for the claimant to supplement the reasons are stipulated.
The second exception, the prerequisite is that the claimant puts forward invalid reasons and evidence, but they obviously do not correspond, and the requirement for additional reasons is to change them to invalid reasons corresponding to the evidence.
This situation is often caused by the claimant's lack of legal knowledge. If the claimant's reason for invalidation is that claim 1 is not creative, China patent document D shall be submitted and compared with claim 1 in detail. But in fact, patent document D can not be used to evaluate the creativity of claim 1, but can only be used to evaluate the novelty. In the procedure of invalidation, if the petitioner requests to change the reason for invalidation to that the patent does not possess novelty, it shall be allowed. Because the claimant has put forward invalid reasons and evidence when making the request, and explained the invalid reasons in detail with the evidence, because he lacks legal knowledge about novelty and creativity, the reasons do not correspond to the evidence, and he has not deliberately delayed putting forward the invalid reasons, the facts and evidence advocated after changing the reasons have not changed, but the legal application has changed.
(2) Exceptions that allow supplementary evidence after one month from the date of request.
In the first exception, the prerequisite is that the patentee modifies the claim through merger or submits a disproof; The deadline requirement is that it must be within the time limit specified by the Patent Reexamination Board; The formal requirement is that the reasons for the request for invalidation must be explained in combination with evidence within a specified time limit.
Because in this case, new technical feature combinations or technical solutions may appear in the merged claim, it is impossible for the claimant to know these feature combinations or technical solutions in advance within one month from the date of filing the request for invalidation. Similarly, it is impossible for the obligee to know in advance what kind of counter-evidence the patentee will submit within one month. Therefore, the applicant's supplementary evidence should not be limited by a one-month period. At the same time, in order to avoid the delay of the invalidation procedure and the sudden attack on the patentee, the time limit and form requirements for the claimant to supplement the evidence are stipulated.
The second exception is that there are only two kinds of supplementary evidence, one is common-sense evidence in technical fields such as technical dictionaries, technical manuals and textbooks, and the other is evidence such as notarial certificates and originals used to improve the legal form of evidence; The deadline requirement is before the end of the oral hearing debate; The formal requirement is that the relevant invalid reasons must be specified in combination with the evidence within the time limit.