Methods for complaints against published patents: If any unit or individual believes that the grant of the patent does not meet the grant conditions, it may request the Patent Administration Department of the State Council from the date the Patent Administration Department of the State Council announces the grant of the patent right. declare the patent invalid. After reviewing the application in accordance with the law, the patent administration department under the State Council shall make a decision in a timely manner and notify the requester and patentee.
Legal Basis
Article 22 of the Patent Law of the People's Republic of China
Inventions and utility models for which patent rights are granted shall have Novelty, creativity and practicality.
Article 45
From the date when the patent administration department of the State Council announces the grant of a patent right, if any unit or individual believes that the grant of the patent right does not comply with the relevant provisions of this Law, You can request the patent administration department of the State Council to declare the patent right invalid.
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.