What is the principle of the patent invalidation request review procedure?
What is the principle of the patent invalidation request review procedure? After the patent right has been granted and announced by the patent administration department of the State Council, you may request the the State Council Patent Reexamination Board to declare the announced patent invalid from the date of announcement. Principles of examination procedures for patent invalidation requests What are the principles of examination procedures for patent invalidation requests? I. Principle of Legality The Patent Reexamination Board shall be administered according to law, and the review procedures and decisions of cases requesting reexamination (hereinafter referred to as reexamination cases) and cases requesting invalidation (hereinafter referred to as invalidation cases) comply with the relevant provisions of laws, regulations and rules. II. Principle of Fair Law Enforcement The Patent Reexamination Board adheres to the principle of objectivity, impartiality, accuracy and timeliness, takes facts as the basis and the law as the criterion, independently performs its examination duties, makes a comprehensive, objective and scientific analysis and judgment, and makes a fair decision. Three, the request principle review procedure and the invalidation procedure should be started according to the request of the parties. If the claimant withdraws his request before the Patent Reexamination Board makes a decision on the request for reexamination or the request for invalidation, the examination procedure initiated by him shall be terminated; However, if the request is withdrawn after the conclusion of the review decision has been announced or the review decision has been issued, the effectiveness of the review decision will not be affected. 4. According to the principle of ex officio examination, the Patent Reexamination Board can examine the cases examined ex officio, which is not limited by the reasons and evidence put forward by the parties. V. Principle of Hearing Before making a reconsideration decision, the party whose reconsideration decision is unfavorable to him shall be given the opportunity to state his opinions on the reasons, evidence and ascertained facts on which the reconsideration decision is based, that is, the party whose reconsideration decision is unfavorable to him has been informed of the reasons, evidence and ascertained facts on which the reconsideration decision is based by means of notification, transmission of documents or oral hearing, and has the opportunity to state his opinions. What are the principles of the procedure for examining the request for invalidation of a patent? Want to know more about the principle of patent invalidation request review procedure, please call Bajie Intellectual Property Online Customer Service. Bajie Intellectual Property Intellectual Property Focus: the business direction of trademark, patent, copyright, domain name and other intellectual property rights. The main business covers conventional intellectual property rights, foreign-related intellectual property rights and intellectual property transactions. Internet plus's dark horse enterprises in intellectual property industry.