How long will the oral hearing be held after the patent is invalid?
Article 45 of the Patent Law stipulates: "From the date when China National Intellectual Property Administration announced the grant of the patent right, if any unit or individual thinks that the grant of the patent right does not conform to the relevant provisions of this Law, it may request the Patent Reexamination Board to declare the patent invalid." In order to safeguard the seriousness of the patent law and the interests of the public, China's patent law has set up a "patent invalidation procedure" in the patent examination procedure. Where the patentee requests to declare the patent invalid or partially invalid, it shall submit a Request for Patent Invalidation to the Patent Reexamination Board, explaining the reasons, and if necessary, it shall also attach relevant supporting documents and the facts on which it is based. If the request for invalidation of the patent right does not conform to the prescribed format, the claimant shall make corrections within the time limit specified by the Patent Reexamination Board; If no correction is made within the time limit, the request for invalidation shall be deemed to have been withdrawn. The Patent Reexamination Board shall examine the request for invalidation of the patent right, make a decision, and notify the claimant and the patentee. The decision to declare the patent right invalid shall be registered and announced by China National Intellectual Property Administration, China. Anyone who refuses to accept the decision of the Patent Reexamination Board to declare the invention patent invalid or maintain the patent right may bring a lawsuit to the people's court within three months from the date of receiving the notice. Legal basis: Article 45 of the Patent Law of People's Republic of China (PRC). Since the date when the patent administrative department of the State Council announced the grant of the patent right, any unit or individual may request the Patent Reexamination Board to declare the patent right invalid if it considers that the grant of the patent right is not in conformity with the relevant provisions of this Law. Article 46 of the Patent Law of People's Republic of China (PRC) * * * The Patent Reexamination Board shall promptly examine the request for invalidation of the patent right and 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 patent administration department of the State Council. Anyone who refuses to accept the decision of the Patent Reexamination Board to declare the patent right invalid or maintain the patent right may bring a lawsuit to the people's court within three months from the date of receiving the notice. The people's court shall notify the other party to the procedure for requesting invalidation to participate in the proceedings as a third party.