Article 66 of the Detailed Rules for the Patent Law: If the request for invalidation of the patent right does not conform to the provisions of Paragraph 1 of Article 19 of the Patent Law or Article 65 of these Detailed Rules, the Patent Reexamination Board shall not accept it.
After the Patent Reexamination Board makes a decision on the request for invalidation, the Patent Reexamination Board refuses to accept the request for invalidation on the same grounds and evidence.
Where a request for invalidation of the patent right for a design is made on the grounds that it does not conform to the third paragraph of Article 23 of the Patent Law, but no evidence to prove the conflict of rights is submitted, the Patent Reexamination Board shall not accept it.
If the request for invalidation of the patent right does not conform to the prescribed format, the claimant for invalidation shall make corrections within the time limit specified by the Patent Reexamination Board; If no correction is made at the expiration of the time limit, the request for invalidation shall be deemed not to have been made.
Article 46 of the Patent Law: 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.