1. According to Articles 41, 45 and 46 of the Patent Law, the Patent Reexamination Board examines the request for reexamination and the request for invalidation of the patent right and makes a decision.
2. If the claimant for reexamination, the claimant for invalidation or the patentee refuses to accept it, he may bring a lawsuit to the Beijing No.1 Intermediate People's Court within three months from the date of receiving the decision.
3. The Patent Reexamination Board is responsible for the review of the request for reexamination, the review rejected in the first instance, the review rejected in the actual trial, the review of the request for invalidation of the patent right, and responding to the lawsuit.
Patent literally refers to exclusive rights and interests. The word "patent" comes from Latin "Litterae patentes", which means open letters or open documents. It is a certificate used by medieval monarchs to issue certain privileges, and later refers to the exclusive right certificate signed by the British king himself.
In modern times, patents are generally documents issued by government agencies or regional organizations representing several countries according to their applications. This kind of document records the contents of the invention and creation, and in a certain period of time, it has produced such a legal state that the patented invention and creation can only be implemented by others with the permission of the patentee.
In China, there are three kinds of patents: inventions, utility models and designs.