Legal analysis: judicial relief procedure of patent invalidation procedure: if you are dissatisfied with the decision of the Patent Reexamination Board to declare the patent invalid or maintain the patent right, you can bring a lawsuit to the people's court with the Patent Reexamination Board as the defendant within three months from the date of receiving the notice. If the people's court upholds the decision of the Patent Reexamination Board, the decision of the Patent Reexamination Board shall take effect after the judgment takes effect. Where the examination decision of the Patent Reexamination Board is revoked by the effective judgment of the court, the Patent Reexamination Board shall make a new examination decision. If the reason for the revocation of the people's court is that the main evidence is insufficient or the applicable law is wrong, the Patent Reexamination Board shall not make the same decision as the original decision with the same reasons and evidence. If the revocation reason of the people's court violates the legal procedures, the Patent Reexamination Board shall make a new examination decision on the basis of correcting the procedural errors according to the judgment of 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.