How to apply for invalidation of patent right? Application procedure for invalidation of patent right?

How to apply for invalidation of patent right? Application procedure for invalidation of patent right? In order to safeguard the legitimate rights and interests of all people, the state stipulates that any person or unit that considers that the determination of a patent does not conform to the relevant provisions may apply for invalidation of the patent. Upon examination, it is confirmed that the patent is not in conformity with the relevant provisions, and the patent is declared invalid. So how to apply for a patent right is invalid? How to apply for invalidation of patent right? Application procedure for invalidation of patent right? Application procedure for invalidation of patent right (1) Formal examination After receiving the request, the Patent Reexamination Board shall first conduct a formal examination, including whether the patent requested for invalidation has been authorized; Whether the request for invalidation meets the format requirements; The reason for the request for invalidation, whether it is a legal reason, etc. Application procedure for invalidation of patent right (II) Examination by collegiate bench In the procedure for invalidation, collegiate bench usually only examines the scope, reasons and evidence submitted by the parties. The modification of patent documents for inventions and utility models is limited to claims, and the scope of patent protection shall not be expanded, and it shall not go beyond the original disclosure. The patentee may voluntarily narrow the scope of patent protection in response to the request for invalidation made by the claimant. 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. The parties can choose to settle. Application procedure for invalidation of patent right (III) Oral hearing The parties may request the collegial panel for oral hearing for the following reasons: 1. Where one party requests face-to-face cross-examination and debate with the other party; 2 need to explain the facts to the collegial panel immediately; 3. Need physical demonstration; 4. It is necessary to invite witnesses who have already testified to testify. Application procedure for invalidation of patent right (IV) Examination decision of invalidation request There are three types of examination decisions of invalidation request: 1. Declare all patent rights invalid; 2. Declare the patent part invalid; 3. Maintain the patent right. After the decision made by the Patent Reexamination Board to declare the patent right invalid comes into effect, it shall be registered and announced by China National Intellectual Property Administration. If a party refuses to accept the invalid decision, he may bring a lawsuit to the court. How to apply for invalidation of patent right? Application procedure for invalidation of patent right? We are here to answer this question for you. If you want to apply for invalid patent right, please contact our online customer service or call Bajie Intellectual Property National Free Service Hotline. We have many years of professional intellectual property agency experience, professional business team and the concept of serving customers wholeheartedly, which can help you apply smoothly.