1. The objection application is declared invalid;
2. Examination by the Trademark Review and Adjudication Board;
3. The Trademark Review and Adjudication Board declared it invalid.
If the objector refuses to accept the notice, he may apply to the Trademark Review and Adjudication Board for reexamination within 15 days from the date of receiving the notice. The Trademark Review and Adjudication Board shall make a reexamination decision within 12 months from the date of receiving the application, and notify the objector and the objector in writing.
The contents of the formal review are as follows:
(1) Whether the request for invalidation is aimed at the patent that has been announced and authorized;
(2) Whether the patent right of the request for invalidation has been invalidated by the effective decision on examining the request for invalidation;
(3) If the claimant requesting invalidation is the patentee, whether to request invalidation of all patent rights, whether the submitted evidence is published, and if the patent right is * * *, whether the claimant requesting invalidation is all patentees;
(4) Whether the request for invalidation conforms to the format specified in the standard format;
(five) whether the request for invalidation indicates the reasons for the request for invalidation in combination with all the evidence submitted, and whether the evidence on which each reason is based is specified;
(6) Whether the reasons for the request for invalidation belong to the reasons stipulated in the second paragraph of Article 64 of the Detailed Rules for the Implementation of the Patent Law;
(seven) for the same patent right, whether the reasons and evidence for the subsequent request for invalidation are the same as those for the examination and decision of the request for invalidation;
(8) If the patent for design conflicts with the legal rights previously obtained by others, whether an effective judgment or ruling that can prove the conflict of rights has been submitted;
(9) Whether the claimant for invalidation has paid the request fee for invalidation in accordance with Articles 90, 91 and 97 of the Detailed Rules for the Implementation of the Patent Law;
(10) If the claimant entrusts a patent agency to request invalidation, whether the power of attorney has been submitted and the authorized authority has been designated; Whether the claimant and the patentee have entrusted the same patent agency; Whether the same party has entrusted multiple patent agencies; If multiple units or individuals * * * file a request for invalidation without entrusting the same agency, do the documents such as the request for invalidation have the signatures of all units and individuals?
Legal basis:
Article 35 of the Trademark Law of People's Republic of China (PRC)
Where the Trademark Office approves the registration, it shall issue a trademark registration certificate and make an announcement. If the objector refuses to accept it, he may, in accordance with the provisions of Articles 44 and 45 of this Law, request the Trademark Review and Adjudication Board to declare the registered trademark invalid.
If the trademark office refuses to register, and the objector refuses to accept it, he may apply to the Trademark Review and Adjudication Board for reexamination within 15 days from the date of receiving the notice. The Trademark Review and Adjudication Board shall make a reexamination decision within 12 months from the date of receiving the application, and notify the objector and the objector in writing. There are special circumstances that need to be extended, which can be extended for six months with the approval of the administrative department for industry and commerce of the State Council. Anyone who refuses to accept the decision of the Trademark Review and Adjudication Board may bring a suit in a people's court within 30 days from the date of receiving the notice. The people's court shall notify the dissenter to participate in the proceedings as a third party.
The patent right declared invalid in Article 47 of the Patent Law of People's Republic of China (PRC) shall be deemed as nonexistent from the beginning.
The decision to declare the patent right invalid has no retrospective effect on the patent infringement judgments and conciliation statements made and executed by the people's court before the patent right was declared invalid, the decisions on handling patent infringement disputes that have been performed or executed, and the patent licensing contracts and patent transfer contracts that have been performed. However, if the patentee's malice causes losses to others, it shall make compensation.
If the patent infringement compensation, patent exploitation fee and patent transfer fee are not returned in accordance with the provisions of the preceding paragraph, which obviously violates the principle of fairness, they shall be returned in whole or in part.