(1) Formal review
After receiving the request, the Patent Reexamination Board shall first conduct a formal examination, including whether the patent targeted by the request 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.
Collegiate review
In the procedure of invalidation, the collegial panel 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.
(3) Oral hearing
The parties may request the collegial panel to conduct an oral hearing (hearing) for the following reasons:
1. 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.
(4) the decision on examining the request for invalidation
The decision on examining the request for invalidation is divided into three types:
1. Declare all patent rights invalid;
2. Declare the patent part invalid;
3. Keep the patent right valid.
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.