1, program startup is invalid. The invalidation procedure shall start at any time from the date when the patent administrative department of the State Council grants the patent right, and may last until the patent right is terminated.
2. Examination of the request for invalidation. The Patent Reexamination Board will form a collegial panel to examine the case of the request for invalidation after formal examination and acceptance of the request for invalidation, thus starting the invalidation procedure.
3. 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.
4. Follow-up judicial relief procedures. 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 with the Patent Reexamination Board as the defendant within 3 months from the date of receiving the notice.
Legal basis: Article 45 of the Patent Law of People's Republic of China (PRC). Since the date when the patent administration department of the State Council announced the grant of the patent right, any unit or individual may request the patent administration department of the State Council to declare the patent right invalid if it considers that the grant of the patent right is not in conformity with the relevant provisions of this Law.