Methods to dissatisfy the invalidation of a patent: The party concerned can collect relevant evidence and draft a complaint accordingly. Then, bring the aforementioned materials and file a lawsuit with a court of competent jurisdiction within three months from the date of receipt of the notice.
Legal Basis
Article 41 of the "Implementing Rules for the Patent Law of the People's Republic of China"
Rejection by the Patent Applicant against the Patent Administration Department of the State Council If you are dissatisfied with the decision on the application, you may request a review from the patent administration department of the State Council within three months from the date of receipt of the notice. After review, the patent administration department of the State Council will make a decision and notify the patent applicant.
If a patent applicant is dissatisfied with the reexamination decision of the Patent Administration Department of the State Council, he may file a lawsuit in the People's Court within three months from the date of receipt of the notice.
Article 46
The patent administration department of the State Council shall promptly examine and make a decision on a request to declare the patent right invalid, 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.
If you are dissatisfied with the decision of the Patent Administration Department of the State Council to declare the patent right invalid or to maintain the patent right, you may file a lawsuit in the People's Court within three months from the date of receipt of the notice. The people's court shall notify the other party in the invalidation request procedure to participate in the litigation as a third party.