If the Patent Reexamination Board makes a decision of invalidation, partial invalidation or upholding the original judgment after accepting it, it may, within three months after receiving the decision, take the Patent Reexamination Board as the defendant in the administrative litigation, the patentee and the invalid applicant as the third party, and the foreign party who refuses to accept the first-instance judgment of the Beijing Intellectual Property Court shall bring an administrative lawsuit to the Beijing Intellectual Property Court for a second trial within 15 days after receiving the judgment. If you are dissatisfied with the final judgment, you can apply for a retrial.
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.
Article 65 Detailed Rules for the Implementation of the Patent Law In accordance with the provisions of Article 45 of the Patent Law, the request to declare the patent right invalid or partially invalid shall be submitted to the Patent Reexamination Board in duplicate with necessary evidence. 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.
The reason for the request for invalidation mentioned in the preceding paragraph refers to that the invention-creation granted a patent does not conform to the provisions of Article 2, Paragraph 1 of Article 20, Article 22, Article 23, Paragraph 3, Paragraph 4 of Article 26, Paragraph 2 of Article 27, Paragraph 2 of Article 33 or Paragraph 1 of Article 20 and Paragraph 1 of Article 43, or belongs to the provisions of Article 5 and Article 25 of the Patent Law, or the patent right cannot be obtained according to the provisions of Article 9 of the Patent Law.