Second, the review of the request for invalidation. After the Patent Reexamination Board accepts the request for invalidation through formal examination and starts the procedure of invalidation, it will form a collegial panel to examine the case of the request for invalidation.
III. Decision on examining the request for invalidation. After examination, the collegial panel made a decision to examine the request for invalidation.
Four. Follow-up judicial relief procedure. According to the second paragraph of Article 46 of China's Patent Law, anyone who refuses to accept the decision of the Patent Reexamination Board to declare the patent right invalid or maintain the patent right may, within 3 months from the date of receiving the notice, take the Patent Reexamination Board as the defendant and bring a lawsuit to the people's court.
Legal basis: Article 46 of the Patent Law of People's Republic of China (PRC). The administrative department for patent in the State Council shall promptly examine and make a decision on the request for invalidation of the patent right, and notify the claimant 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 State Council Patent Administration Department 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.