What are the situations in which the court can't stop the invalid application in patent litigation after it is filed?

1. In the case of patent infringement of utility model and design tried by the court, if the defendant requests to declare the patent invalid within the defense period, the people's court shall suspend the trial. But in any of the following circumstances, the trial shall not be suspended

1, the search report issued by the plaintiff did not find any technical documents that led to the loss of novelty and creativity of the utility model patent;

2. The evidence provided by the defendant is sufficient to prove that the technology used is known;

3. The evidence or reasons for the defendant's request to declare the patent right invalid are obviously insufficient;

4. Other circumstances in which the people's court considers that the lawsuit should not be suspended.

2. The people's court shall not suspend the trial of a case of infringement of the patent for utility model and design tried by the court, unless the defendant requests to declare the patent invalid after the expiration of the defense period, unless it is considered necessary to suspend the lawsuit after examination.

Three, the people's court heard cases of invention patent infringement and the State Patent Reexamination Board to maintain the patent right of utility model and design patent infringement cases, the defendant requests to declare the patent right invalid within the defense period, the people's court shall not suspend the trial. .