How to apply for a patent is invalid

The process of applying for patent invalidation is as follows: First, the parties concerned submit a request for invalidation of the patent right and necessary evidence in duplicate to the Patent Reexamination Board. Then, the Patent Reexamination Board decides to accept the case according to law and requires the parties to state their opinions within a specified time limit. Finally, the trial shall be conducted according to law and a decision shall be made.

legal basis

article 65 of the patent law of the people's Republic of China

in accordance with the provisions of 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. 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.

Article 68

The Patent Reexamination Board shall send a copy of the request for invalidation of the patent right and relevant documents to the patentee, requiring him to state his opinions within a specified time limit.

Article 7

The Patent Reexamination Board may, at the request of the parties concerned or the needs of the case, decide to conduct an oral hearing on the request for invalidation.