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General Information
Upon the announcement of the grant of patent right by the Patent Office, where any entity or individual considers that the grant of the said patent right is not in conformity with the relevant provisions of the Chinese Patent Law, it or he may request the Patent Reexamination Board to declare the patent right invalid.
After receiving a copy of the "Application for Declaration of Invalidation of Patent Right" as well as the relevant documents dispatched by the Patent Reexamination Board, the patentee should make observations within the specified time limit. The patentee may amend the patent documents, but the amendments shall not go beyond the scope of the original scope of protection. Where no response is made before the expiration of the time limit, the examination conducted by the Patent Reexamination Board will go on unhindered.
On receiving an unfavorable decision on reexamination issued by the Patent Reexamination Board, the applicant may institute legal proceedings at the court within three (3) months from the date of receipt of the notification. The People's Intermediate Court of the Municipality of Beijing shall be the 1st Instance Court, while the Higher Court of the Municipality of Beijing, the 2nd Instance Court.
Requirements on Requesting Invalidation
1) Power of Attorney
2) Title of patent, patent number
3) Name(s), address(es), and nationality(ies) of applicant(s) and patentee(s)
4) Reasons, relevant materials, evidence
Notes
The Patent Reexamination Board will not accept any requesting invalidation applications in the following situations:
1) Where the facts and grounds taken as bases or the grounds declared by the applicant in the "Application for the Declaration of Invalidation of Patent Right" are not in conformity with the Chinese Patent Law.
2) Where a decision on the request for declaration of invalidation of patent right has already been made, another application for invalidation of patent right based on the same facts and the same grounds is again made.
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