Reexamination of Patent Application and Invalidation of Patent Right

The patent administration department under the State Council shall set up a Patent Reexamination Board. Where an applicant for patent is not satisfied with the decision of the said department rejecting the application, the applicant may, within three months from the date of receipt of the notification, request the Patent Reexamination Board to make a reexamination. The Patent Reexamination Board shall, after reexamination, make a decision and notify the applicant for patent.

Where the applicant for patent is not satisfied with the decision of the Patent Reexamination

Board, it or he may, within three months from the date of receipt of the notification, institute legal proceedings in the people's court.

Invalid patent defense: According to the relevant provisions of the Chinese Patent Law, after the patent is granted, anyone can file a patent invalidation request with the Patent Reexamination Board. For the patent invalidation request, the patentee proposes a corresponding defense and can submit relevant evidence according to the case.

Patent invalidation request: After the patent right is granted and announced by the patent administrative department under the State Council, any unit or individual believes that the patent right does not comply with the provisions of the Patent Law of the People's Republic of China and its implementation rules, he may request the State Council's patent declared that the patent for the announcement was invalid.