1. Application time: Any unit or individual may request the Patent Reexamination Board to declare the patent right invalid from the date when the patent administrative department of the State Council announced the grant of the patent right.
2. Application documents: the request for invalidation of the patent right and the necessary evidence shall be submitted to the Patent Reexamination Board in duplicate. The request for invalidation shall, in combination with all the evidence submitted, specify the reasons for the request for invalidation and indicate the evidence on which each reason is based.
3. Time for Supplementing Evidence: After the Patent Reexamination Board accepts the request for invalidation, the claimant may supplement the reasons or evidence within 1 month from the date of filing the request for invalidation. If reasons or evidence are supplemented within the time limit, the Patent Reexamination Board may not consider it.
Legal basis: Article 45 of the Patent Law of People's Republic of China (PRC). Since the date when the patent administration department of the State Council announced the grant of the patent right, any unit or individual may request the patent administration department of the State Council to declare the patent right invalid if it considers that the grant of the patent right is not in conformity with the relevant provisions of this Law.
Detailed Rules for the Implementation of the Patent Law Article 67 After the Patent Reexamination Board accepts the request for invalidation, the claimant may supplement the reasons or evidence within 1 month from the date of filing the request for invalidation. If reasons or evidence are supplemented within the time limit, the Patent Reexamination Board may not consider it.