The patent invalidation procedure is:

1. The opponent’s application for declaration of invalidity;

2. Review by the Trademark Review and Adjudication Board;

3. The Trademark Review and Adjudication Board declared it invalid.

If the opponent is dissatisfied, he may apply to the Trademark Review and Adjudication Board for review within fifteen days from the date of receipt of the notice. The Trademark Review and Adjudication Board shall make a review decision within twelve months from the date of receipt of the application, and notify the opponent and the opposed party in writing.

The content of the formal examination is as follows:

(1) Whether the request for invalidation is for a patent that has been announced and authorized;

(2) The request for invalidation Whether the patent right has been declared invalid by the effective invalidation request review decision;

(3) If the requester of the invalidation request is the patentee, whether the patent right is requested to be declared invalid in its entirety and the evidence submitted Whether it is a public publication, if the patent right is exclusively owned, whether the requester for invalidation is all patent holders;

(4) Whether the request for invalidation complies with the standard form Format;

(5) When evidence is submitted, whether the request for invalidation specifically states the reasons for the request for invalidation in conjunction with all the evidence submitted, and whether the evidence on which each reason is based is specified;

(6) Whether the reason for the invalidation request falls within the reasons specified in Article 64, Paragraph 2 of the Implementing Regulations of the Patent Law;

(7) For the same patent right, subsequent invalidation Whether the reasons and evidence for the request for declaration are the same as those for which the review decision for the request for invalidation has been made;

(8) Requesting for declaration of the design on the grounds that the design for which the patent right is granted conflicts with the legal rights previously obtained by others If the design patent right is invalid, whether it has submitted an effective decision or judgment that can prove the conflict of rights;

(9) Whether the invalidation requester has complied with Article 90 and Article 9 of the Implementing Rules of the Patent Law. Pay the invalidation request fee in accordance with the provisions of Articles 91 and 97;

(10) If the petitioner entrusts a patent agency to request invalidation, has he submitted a letter of authorization and stated the authorization authority? ;Whether the petitioner and the patentee have appointed the same patent agency; whether the same party has appointed multiple patent agencies; if multiple units or individuals submit a request for invalidation at the same time but do not appoint the same agency, Whether the request for invalidation and other documents have the signatures of all units and individuals.

Legal basis:

Article 35 of the Trademark Law of the People's Republic of China

If the Trademark Office makes a decision to approve registration, it shall issue a Issue a trademark registration certificate and make an announcement. If the opponent is dissatisfied, he may request the Trademark Review and Adjudication Board to declare the registered trademark invalid in accordance with the provisions of Articles 44 and 45 of this Law.

If the Trademark Office makes a decision not to register and the opponent is dissatisfied, he or she may apply to the Trademark Review and Adjudication Board for review within fifteen days from the date of receipt of the notice. The Trademark Review and Adjudication Board shall make a review decision within twelve months from the date of receipt of the application, and notify the opponent and the opposed party in writing. If there are special circumstances that require an extension, it can be extended for six months with the approval of the industrial and commercial administration department of the State Council. If the opposed party is dissatisfied with the decision of the Trademark Review and Adjudication Board, it may file a lawsuit with the People's Court within thirty days from the date of receipt of the notice. The people's court shall notify the opponent to participate in the litigation as a third party.

Article 47 of the "Patent Law of the People's Republic of China" A patent right declared invalid shall be deemed to have ceased to exist from the beginning.

The decision to declare the patent right invalid, the judgment and mediation letter on patent infringement made and executed by the People's Court before the declaration of the patent right invalid, the patent infringement dispute settlement decision that has been executed or enforced, and the decision on patent infringement dispute that has been executed The executed patent license contract and patent rights transfer contract do not have retroactive effect. However, compensation should be provided for losses caused to others due to the bad faith of the patentee.

If patent infringement compensation, patent royalties, and patent rights transfer fees are not returned in accordance with the provisions of the preceding paragraph, which obviously violates the principle of fairness, all or part of the compensation shall be returned.