Article 45 of China's Patent Law stipulates: "From the date when the Patent Office announces 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 right is not in conformity with the relevant provisions of this Law." In order to safeguard the seriousness of the patent law and the interests of the public, China's patent law has set up a "patent invalidation procedure" in the patent examination procedure.
The operation process is roughly as follows:
After preparing the patent invalidation request materials, submit a request to the State Patent Reexamination Board, which will send a copy of the patent invalidation request and relevant documents to the patentee, asking 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. Anyone who refuses to accept the decision of the Patent Reexamination Board to declare the invention patent invalid or maintain the patent right may bring a lawsuit to the people's court within three months from the date of receiving the notice (information is from the Patent and Trademark Office of Zhong Yi)? .