Legal basis: Several Provisions of the Supreme People's Court on the Applicable Law in the Trial of Patent Dispute Cases (20 15).
Article 9 In a dispute case accepted by the people's court, if the defendant requests to declare the patent right for utility model or design invalid, the people's court shall suspend the lawsuit, but the lawsuit shall not be suspended under any of the following circumstances:
(a) the search report or patent evaluation report issued by the plaintiff did not find the reason that led to the invalidation of the patent right for utility model or design;
(2) The evidence provided by the defendant is sufficient to prove that the technology used by the defendant is known;
(3) The evidence or reasons for the defendant's request to declare the patent right invalid are obviously insufficient;
(4) Other circumstances in which the people's court considers that the lawsuit should not be suspended.
Article 10 In a dispute case of infringement of the patent right of utility model or design accepted by the people's court, if the defendant requests to declare the patent right invalid after the expiration of the defense period, the people's court will not suspend the lawsuit, unless it is considered necessary to suspend the lawsuit after examination.
Article 11 If the defendant requests to declare the patent right invalid during the period of defense in a dispute case of infringement of the patent right for invention accepted by the people's court or a dispute case of infringement of the patent right for utility model or design that has been examined and confirmed by the Patent Reexamination Board, the people's court shall not suspend the litigation.