What are the legal procedures for patent revocation?

According to the provisions of Article 45 of the newly revised Patent Law, 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 right is not in conformity with the relevant provisions of this Law from the date when the patent administrative department of the State Council announces the grant of the patent right. When you say revocation of another person's patent, it should be a patent invalidation procedure: if the patent applied by another person is authorized by the Intellectual Property Office, you can file a patent invalidation with the China National Intellectual Property Administration Reexamination Board. Invalid application can be downloaded from the following address:/sipo2008/bgxz/zlsqbg/fswx/1kloc-0/0065438. Doc Patent Law and Detailed Rules for the Implementation of Patent Law 20 10 do not specify the time of invalid procedure, which should be explained in detail in the examination guide. Generally speaking, the invalid procedure is as short as 3 months, as long as 6 months, or even one year, depending on whether the evidence presented by your invalid claimant is sufficient. The following are the provisions on invalidation in the Detailed Rules for the Implementation of the Patent Law: Article 65 In accordance with the provisions of Article 45 of the Patent Law, if a patent right is requested to be invalidated or partially invalidated, a request for invalidation of the patent right and necessary evidence shall be submitted to the Patent Reexamination Board in duplicate. The request for invalidation shall, in combination with all the evidence submitted, specify the reasons for the request for invalidation and indicate the evidence on which each reason is based. The reason for the request for invalidation mentioned in the preceding paragraph refers to that the invention-creation granted a patent does not conform to the provisions of Article 2, Paragraph 1 of Article 20, Article 22, Article 23, Paragraph 3, Paragraph 4 of Article 26, Paragraph 2 of Article 27, Paragraph 2 of Article 33 or Paragraph 1 of Article 20 and Paragraph 1 of Article 43, or belongs to the provisions of Article 5 and Article 25 of the Patent Law, or the patent right cannot be obtained according to the provisions of Article 9 of the Patent Law. Rule 66 Where the request for invalidation of the patent right does not conform to the provisions of Paragraph 1 of Article 19 of the Patent Law or Article 65 of these Rules, the Patent Reexamination Board shall not accept it. After the Patent Reexamination Board makes a decision on the request for invalidation, the Patent Reexamination Board refuses to accept the request for invalidation on the same grounds and evidence. Where a request for invalidation of the patent right for a design is made on the grounds that it does not conform to the third paragraph of Article 23 of the Patent Law, but no evidence to prove the conflict of rights is submitted, the Patent Reexamination Board shall not accept it. If the request for invalidation of the patent right does not conform to the prescribed format, the claimant for invalidation shall make corrections within the time limit specified by the Patent Reexamination Board; If no correction is made at the expiration of the time limit, the request for invalidation shall be deemed not to have been made. Article 67 After the Patent Reexamination Board accepts the request for invalidation, the claimant may supplement the reasons or evidence within 0 months 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. Article 68 The Patent Reexamination Board shall send a copy of the request for invalidation of the patent right and relevant documents to the patentee, asking him to state his opinions within a specified time limit. The patentee and the claimant for invalidation shall reply to the notice of transferring documents or the notice of examining the request for invalidation issued by the Patent Reexamination Board within a specified time limit; Failure to reply within the time limit shall not affect the trial of the Patent Reexamination Board. Article 69 In the process of examining the request for invalidation, the patentee of a patent for invention or utility model may amend his claim, but shall not expand the scope of protection of the original patent. The patentee of a patent for invention or utility model shall not modify the patent specification and drawings, and the patentee of a patent for design shall not modify the pictures, photographs and brief descriptions. Article 70 The Patent Reexamination Board may, at the request of the parties concerned or the needs of the case, decide to conduct an oral hearing on the request for invalidation. If the Patent Reexamination Board decides to conduct an oral hearing on the request for invalidation, it shall send a notice of oral hearing to the parties concerned, informing them of the date and place of the oral hearing. The parties concerned shall make a reply within the time limit specified in the notice. If the claimant for invalidation fails to reply to the notice of oral hearing issued by the Patent Reexamination Board within the specified time limit and does not participate in the oral hearing, his request for invalidation shall be deemed to be withdrawn; If the patentee does not participate in the oral hearing, he may try it by default. Article 71 In the procedure for examining the request for invalidation, the time limit specified by the Patent Reexamination Board shall not be extended. Rule 72 Before the Patent Reexamination Board makes a decision on the request for invalidation, the person requesting invalidation may withdraw his request. Before the Patent Reexamination Board makes a decision, if the applicant for invalidation withdraws his request or his request for invalidation is deemed to have been withdrawn, the procedure for examining the request for invalidation shall be terminated. However, if the Patent Reexamination Board considers that it can make a decision to declare the patent right invalid or partially invalid according to the examination work already carried out, the examination procedure shall not be terminated.