Request for invalidation of utility model patent right: 1500 yuan.
Request fee for invalidation of design patent right: 1500 yuan.
All the above are the official expenses of the request for invalidation.
According to Article 45 of China's Patent Law, if any unit or individual thinks that the grant of this patent is not in conformity with the relevant provisions of the Patent Law, it may request the Patent Reexamination Board to declare this patent invalid. That is, from the date of patent authorization, any person or unit may request invalidation of the patent.
Where a patent right is requested to be declared invalid or partially invalid, the applicant shall pay the fee in accordance with the regulations, submit a request for invalidation in duplicate, fill in the name and patent number of the patent requested to be declared invalid, state the facts and reasons on which it is based, and attach the necessary evidence.
The Patent Reexamination Board shall send a copy of the request for invalidation of the patent right and relevant documents to the patentee, requesting him to state his opinions within a specified time limit. The patentee may modify the patent document, but shall not expand the scope of the original patent protection; Failure to reply at the expiration of the time limit shall not affect the trial of the Patent Reexamination Board.
The Patent Reexamination Board shall examine the request for invalidation of the patent right, make a decision, and notify the claimant and the patentee. The decision to declare the patent right invalid shall be registered and announced by the China Patent Office. An invalid patent right shall be regarded as nonexistent from the beginning.