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.
2. What materials should be prepared for an invalid patent application?
1. Personal identification certificate of the client or business license and legal person certificate of the enterprise.
2. Patent certificate and patent announcement document of the patentee.
3. Previously published patent documents, previously published scientific and technological documents, known technologies and other technical materials related to invalid patents.
4. When patent invalidation involves infringement disputes, the client shall also provide the following information:
(1) customer's products, photos, product manuals and other information.
(2) All documents served by the people's court, including the complaint.
(3) An explanation of the production and operation, technical source, time and production preparation of the products accused by the principal of infringement.