What is invalid patent and what is the evidence of invalid patent application?
Lawyer Ma Yingqiu answered: Hello, the invalidation of patent right refers to the system that any unit or individual can request the Patent Reexamination Board to declare the patent right invalid if it thinks that the patent right is not in conformity with the provisions of the Patent Law since the China National Intellectual Property Administration announced the grant of patent right. In the patent invalidation procedure, the claimant bears the burden of proof. The detailed rules for the implementation of the patent law stipulate the time limit for the claimant to provide evidence. According to Article 66 of the Detailed Rules for the Implementation of the Patent Law, after the Patent Reexamination Board accepts the request for invalidation, the claimant may supplement the reasons or evidence within one month from the date of filing the request for invalidation. If reasons or evidence are supplemented within the time limit, the Patent Reexamination Board may not consider it. Therefore, the reasons and evidence of the patent invalidation request should be supplemented within one month from the date of filing the invalidation request, otherwise, the evidence and reasons submitted after the deadline may face the result of rejection. In addition, the basic requirement of patent invalidation evidence is the information published before the patent application date, and patent application documents and published periodicals are commonly used in practice. Including domestic and foreign patents and periodicals.