The review principle of the patent reexamination board in the procedure of patent invalidation

According to the Patent Examination Guide, in the procedure of invalidation, the Patent Reexamination Board should follow the principles of legality, impartial law enforcement, request, ex officio examination, hearing and publicity, as well as the principles of non bis in idem, the parties' own disposition and confidentiality. The review principle of the Patent Reexamination Board in the procedure of patent invalidation 1. Where a patent right involved in a case of invalidation for which a review decision has been made is re-applied on the same grounds and evidence, it shall not be accepted and tried. If the reasons for the re-submitted request for invalidation (hereinafter referred to as the reasons for invalidation) or the evidence were not considered in the previous decision on the review of the request for invalidation due to the time limit, the request does not belong to the above-mentioned circumstances of inadmissibility and trial. Second, the principle of disposition of the parties, the claimant can give up all or part of the reasons and evidence for invalidation; The Patent Reexamination Board usually refuses to verify the reasons and evidence for invalidation abandoned by the claimant. In the procedure of invalidation, the parties have the right to reconcile themselves; Where both the claimant and the patentee have expressed their desire for reconciliation to the Patent Reexamination Board, the Patent Reexamination Board shall give both parties a certain period of reconciliation, and suspend the examination decision until either party requests the Patent Reexamination Board to make an examination decision, or the period specified by the Patent Reexamination Board expires. In the procedure of invalidation, if the patentee actively narrows the scope of patent protection in response to the request for invalidation made by the claimant, and the corresponding modification has been accepted by the Patent Reexamination Board, it shall be deemed that the patentee has admitted from the beginning that the claim greater than the scope of protection does not conform to the relevant provisions of the Patent Law and its detailed rules for implementation, and admitted the request for invalidation made by the claimant, thus exempting the claimant from the burden of proof for declaring the claim invalid. In the procedure of invalidation, if the patentee abandons the subordinate claim, it shall be deemed that the patentee has admitted from the beginning that the claim does not conform to the relevant provisions of the Patent Law and its detailed rules for implementation, and admitted the claimant's request for invalidation of the claim, thus exempting the claimant from the burden of proof for declaring the claim invalid. Three. Principle of confidentiality Before making a review decision, members of the collegiate bench shall not express or imply their views on this case, other collegiate bench members, or the president or vice-president in charge of the review to any party. In order to ensure fair law enforcement and confidentiality, members of the collegial panel shall not meet with one party in principle.