How to apply for patent invalidation? What is the process of invalid patent application?

How to apply for patent invalidation? What is the process of invalid patent application? Many patent applications are declared invalid after success, so what does patent invalidation mean? Patent invalidation can only be declared if someone applies, so who can apply for patent invalidation? Below we will answer them for you one by one. How to apply for patent invalidation? According to Article 45 of China's Patent Law, if any unit or individual thinks that the grant of this patent is not in conformity with the relevant provisions of the Patent Law, it may request the Patent Reexamination Board to declare this patent invalid. That is, from the date of patent authorization, any person or unit may request invalidation of the patent. 1. Where a patent right is requested to be declared invalid or partially invalid, a fee shall be paid in accordance with the regulations, and a request for invalidation shall be submitted in duplicate, indicating the name and patent number of the patent requested to be declared invalid, the facts and reasons on which it is based and the necessary evidence. 2. The Patent Reexamination Board shall send a copy of the request for invalidation of the patent right and relevant documents to the patentee, requesting 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. 3. The Patent Reexamination Board shall examine the request for invalidation of the patent right, make a decision, and notify the requester and the patentee. The decision to declare the patent right invalid shall be registered and announced by the China Patent Office. An invalid patent right shall be regarded as nonexistent from the beginning. What is the process of invalid patent application? (I) Starting of Invalid Procedure The starting time of invalid procedure is any time from the date when the patent right is granted by the patent administration department of the State Council, and it can last until the termination of the patent right. Because the decision to examine the request for invalidation can affect some matters before the termination of the patent right, it is allowed to make the request for invalidation after the termination of the patent right. The subject of invalidation procedure: including any unit or individual, but according to the provisions of the Patent Examination Guide, the patentee shall not declare all his patents invalid. (II) Examination of the request for invalidation The Patent Reexamination Board accepts the request for invalidation through formal examination, and after starting the procedure of invalidation, it will form a collegial panel to conduct collegiate examination of the case of the request for invalidation. Most cases are reviewed by a collegial panel composed of three people (team leader, presiding judge and jurors). Only a few cases with serious circumstances are reviewed by a collegial panel of five people (1 team leader, 1 presiding judge and three jurors). (3) The collegial panel made a decision on examining the request for invalidation after examination. There are three kinds of examination decisions on the request for invalidation: one is to declare all patent rights invalid, the other is to declare some patent rights invalid, and the third is to maintain the patent rights valid. (IV) Subsequent judicial relief procedure In accordance with the second paragraph of Article 46 of the Patent Law of China, if the Patent Reexamination Board refuses to accept the decision to declare the patent right invalid or maintain the patent right, it may bring a lawsuit to the people's court with the Patent Reexamination Board as the defendant within three months from the date of receiving the notice. What if the patent application is invalid? What is the process of invalid patent application? We are here to answer this question for you. If you have more questions about patents, you can continue to pay attention to Bajie's intellectual property rights or contact us by phone.