The cancellation procedure is an appeal with strict provisions in content, time limit, procedure and effectiveness, and has the following characteristics:
1. The claimant requesting the revocation of the patent right may be any citizen or legal person, including the patentee;
2. The reason for requesting the revocation of the patent right is that the decision of the Patent Office to grant the patent right for invention-creation does not conform to the provisions of the Patent Law that a patented invention or utility model should be novel, creative and practical; A design that does not meet the conditions for granting a patent right shall be different from or similar to a design that was known to the public before the date of application;
3. The time required to revoke the patent right is limited to 6 months after the Patent Office makes an authorization announcement;
4. The department that accepts the request for revocation of the patent right is the specific examination department in the patent office that made the original authorization decision;
5. After accepting the request for revocation of the patent right, the examination department of the Patent Office shall examine the request for revocation, make a decision to revoke the patent right, partially revoke the patent right or maintain the patent right, and notify the revocation requester and the patentee;
6. If the patentee or the claimant who revokes the patent right refuses to accept the decision of the Patent Office to revoke or maintain the patent right, he may request a reexamination to the Patent Reexamination Board within 3 months from the date of receiving the notice. If the patentee of the invention or the claimant who revokes the patent right for the invention refuses to accept the reexamination decision of the Patent Reexamination Board, he may bring a lawsuit to the people's court within 3 months from the date of receiving the notice. However, the decision made by the Patent Reexamination Board on the request for reexamination of utility model and design put forward by the patentee or the revocation of the patentee is final;
7. The revoked patent right is regarded as nonexistent from the beginning.
People's Daily Online:/GB/136672/16529975.html.