Do I have to go to Beijing to complain about patent invalidation?

Article 45 of the Patent Law stipulates that any unit or individual who thinks that the grant of the patent right is not in conformity with the relevant provisions of this Law may request the Patent Reexamination Board to declare the patent right invalid from the date when the patent administrative department of the State Council announces the grant of the patent right.

The examination procedure of the patent reexamination board's request for invalidation

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If you entrust your local patent agency or a law firm with patent business qualifications, they have the way of electronic submission. Invalid documents can be submitted electronically or by mail. However, the oral examination must be conducted in the oral examination hall notified by the Beijing Patent Reexamination Board.

Article 46 of the Patent Law stipulates that 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.

The invalidation procedure is a necessary pre-procedure. If you refuse to accept the decision of the Reexamination Committee, you can bring an administrative lawsuit to Beijing Intellectual Property Court. The reason behind this requirement is that the examiners of the re-examination board all have technical background, and it is difficult for the court to directly hear technical documents at present.