In accordance with Article 65 of the Detailed Rules for the Implementation of the Patent Law of People's Republic of China (PRC) and Article 45 of the Patent Law, a request for invalidation or partial invalidation of the patent right shall be submitted to the Patent Reexamination Board in duplicate with the necessary evidence.
The request for invalidation shall, in combination with all the evidence submitted, specify the reasons for the request for invalidation and indicate the evidence on which each reason is based.
The reason for the request for invalidation mentioned in the preceding paragraph means that the invention-creation granted a patent does not conform to the provisions of Articles 2, 20, paragraph 1, 22 and 23 of the Patent Law;
The provisions of paragraphs 3 and 4 of Article 26, paragraph 2 of Article 27, article 33 or paragraph 2 of Article 20 and paragraph 1 of Article 43 of these Detailed Rules either belong to the provisions of Articles 5 and 25 of the Patent Law, or the patent right cannot be obtained according to the provisions of Article 9 of the Patent Law.
Extended data:
Method of filling in the request for invalidation of patent right
1. When filing a request for invalidation of the patent right, it shall be filled in item by item in the prescribed format.
2. Chinese must be used.
3. Pay attention to clearly fill in the patent number, authorization announcement date, patentee and invention-creation name of the invalid patent.
4. The statement of facts and reasons shall be targeted and conform to the provisions of paragraph 2 of Article 66 of the Detailed Rules for the Implementation of the Patent Law.
5, production should comply with the requirements of the matters needing attention listed in the form.
6. The Patent Reexamination Board will not accept the application after 6 months from the date when the Patent Office announced the grant of the patent right.
Matters needing attention in filling in the request for invalidation of patent
Matters needing attention in filling out the form
1. This form should be filled in carefully in Chinese (the text should be typed or printed, and the handwriting should be black).
2. The name and address of the applicant should be filled in the first column of this form. If the requester is a unit, the full name of the unit shall be filled in; If there is more than one applicant and no patent agency has been entrusted, one person shall be designated as the representative to fill in the position of the first signatory, and if the first signatory is a unit, the name of the contact person of the unit shall also be filled in.
3. The name of the patent agency registered in China Patent Office should be filled in the second column of this form, and the registration code should be indicated. No more than two agents shall be appointed by the patent agency, including no more than one full-time agent, and the agent book number shall be indicated.
The fourth column of this form shall clearly and concisely state the facts and reasons for the request for invalidation of the patent right. If there is a witness, the name, occupation, work unit and address of the witness shall be stated; If there is evidence, it should indicate the source or source.
Patent documents shall indicate the country, patent number or application number, classification number, application date and publication date; Non-patent documents should indicate the country, name, title of the cited article, author, publisher, date and period of publication, number of volumes, number of pages and paragraphs. Drop, drawing number, etc.
5. If the first and fourth columns of this form cannot be filled in, the attached pages formulated by the Patent Office shall be used to continue to fill in.
6. The name, number of pages and number of copies of supporting documents shall be indicated in the fifth column of this form.
7. In the sixth column of this form, if a patent agency is entrusted, it shall be sealed by the patent agency; If a patent agency is not entrusted, if the applicant is an individual, it shall be signed or sealed by himself; If the applicant is a unit, it shall be stamped with the official seal of the unit.
8. The request fee for invalidation shall be paid within the time limit stipulated in the detailed rules for the implementation of the Patent Law.
Baidu Encyclopedia-Detailed Rules for the Implementation of People's Republic of China (PRC) Patent Law