If the invalidation request falls into any of the following circumstances, the Patent Office Review and Invalidation Trial Department will issue a notice of rejection to the requester:
(1) Multiple requesters** *Filing an invalidation request at the same time (unless the requester and the patentee are the same);
(2) The patent for which the invalidation request is directed has not yet been authorized;
(3) The patent targeted by the invalidation request has been abandoned from the beginning, or the rights are in a state of invalidity;
(4) The petitioner does not have the qualifications to be the subject of civil litigation;
(5) There is no legal entity in China A foreigner, foreign enterprise or other foreign organization with a habitual residence or place of business, as the petitioner, fails to entrust a patent agency as required;
(6) The patentee files a request for invalidation of its patent right and requests a declaration. The patent rights are all invalid, the evidence submitted is not a public publication, or the invalidation requester is not all patentees who have patent rights;
(7) The reason for the invalidation request does not fall under the patent law The reasons specified in Paragraph 2 of Article 65 of the Implementing Regulations;
(8) After the review decision on the request for invalidation is made, the petitioner requests invalidation for the same patent with the same reasons and evidence;
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(9) The petitioner did not specify the reasons for the invalidation declaration, or although it submitted evidence, it did not specify the reasons for the invalidation declaration in conjunction with all the evidence submitted, or did not specify the evidence on which each reason was based;
(10) Request to declare the design patent right invalid on the ground that the design for which the patent right is granted conflicts with the legal rights obtained by others before the filing date, but the petitioner cannot prove that he is the prior right holder or the interested party related party, or failed to submit evidence proving the conflict of rights.