Similarities and differences between patent objection request and invalidation request

Let's talk about similarities first. The similarity between the two is that they can both question the validity of patents, so as to avoid being investigated for tort liability. The difference between the two patent applications lies in which state organ it is submitted to first. Patent Objection Request According to the provisions of Article 48 of the Detailed Rules for the Implementation of the Patent Law, from the date of publication of an application for a patent for invention to the date of announcement of the grant of a patent right, anyone can put forward opinions to the patent administration department of the State Council on a patent application that does not conform to the provisions of the Patent Law and explain the reasons. , applicable to China National Intellectual Property Administration. The request for invalidation is made to the Patent Reexamination Board. Secondly, the patent objection request can hide the company name of the real requester and make the request anonymously or under an alternative name. In this way, because the patent applicant does not know who the dissenter is, it is not easy to be investigated for tort liability in the future, which can be said to be an advantage for the requester. On the contrary, the request for invalidation must indicate the name of the requester, otherwise the Patent Reexamination Board will not accept it. Third, they were put forward at different times. The patent objection request shall be filed from the date of publication of the application for a patent for invention to the date of announcement of the grant of the patent right. The request for invalidation was made after the patent was granted. Fourth, the principles of the two treatments are different. The patent objection request is based on the principle of authority, and it is up to the examiner to decide whether to adopt the reasons of the requester. The authorization and rejection of patents are usually decided by the examiner's notice of examination opinions and the applicant's defense. If the patent is rejected, the applicant may file a request for reexamination with the Patent Reexamination Board. The request for invalidation is based on the principle of parties, and the request for invalidation must be served on the patentee, demanding a reply, which is a confrontation between the claimant for invalidation and the patentee.