1. Notice on the time of filing a patent invalidation Since the date when the patent administrative department of the State Council announced the grant of the patent right, any unit or individual may request the Patent Reexamination Board to declare the patent right invalid if it thinks that the grant of the patent does not conform to the relevant provisions of the Patent Law. 2. Pay attention to the presentation of evidence of invalidation. The reasons and evidence for the request for invalidation shall be supplemented by the parties within one month from the date of filing the request for invalidation. Otherwise, the evidence and reasons submitted late may face the result of rejection. This is the most important point that the parties need to pay attention to in the lawsuit, which is related to the outcome of the lawsuit. 3. Need to pay attention to the relief way of examining the decision of the request for invalidation. If a party refuses to accept the decision of the Patent Reexamination Board to declare the patent invalid or maintain the patent right after making the decision of invalidation, he may bring a lawsuit to the people's court within three months from the date of receiving the notice.
Legal objectivity:
The patent right declared invalid as stipulated in Article 47 of the Patent Law shall be regarded as nonexistent from the beginning. The decision to declare the patent right invalid has no retrospective effect on the patent infringement judgments and conciliation statements made and executed by the people's court before the patent right was declared invalid, the decisions on handling patent infringement disputes that have been performed or executed, and the patent licensing contracts and patent transfer contracts that have been performed. However, if the patentee's malice causes losses to others, it shall make compensation. If the patent infringement compensation, patent exploitation fee and patent transfer fee are not returned in accordance with the provisions of the preceding paragraph, which obviously violates the principle of fairness, they shall be returned in whole or in part.