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.
Third, make a decision on examining the request for invalidation. After examination, the collegial panel made a decision to examine the request for invalidation. There are three kinds of examination decisions on the request for invalidation: one is to declare all patent rights invalid, the other is to declare some patent rights invalid, and the third is to maintain the patent rights valid.
Fourth, the follow-up judicial relief procedure. If the obligee refuses to accept the decision of the Patent Reexamination Board to declare the patent right invalid or maintain the patent right, he may bring a lawsuit to the people's court with the Patent Reexamination Board as the defendant within 3 months from the date of receiving the notice. The court accepting the lawsuit and the nature of the lawsuit are the same as those filed against the review decision. It should be noted that the other party to the invalid procedure participates in the litigation as a third party.
Legal basis: 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 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 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.