How to file a patent administrative lawsuit

Legal analysis: the process of filing patent administrative litigation: 1. Submit a patent administrative litigation request to the court. Draft a complaint first. After the complaint is ready, you should bring a lawsuit to the court as soon as possible. 2. Preparation before trial. After receiving the notice of hearing and the written defense of the Patent Reexamination Board, the written defense shall be studied and analyzed in time.

Legal basis: Article 46 of the Administrative Procedure Law.

If a citizen, legal person or other organization brings a lawsuit directly to the people's court, it shall bring a lawsuit within six months from the date when it knows or should know that it has taken an administrative act. Except as otherwise provided by law. The people's court shall not accept real estate lawsuits filed more than 20 years from the date of administrative acts, and other lawsuits filed more than 5 years from the date of administrative acts.