1. Invalid declaration request

2. Formal review (for the applicant)

3. Issue a formal examination notice.

Step 4 accept

5. Formal examination (for the patentee)

6. Collegiate review

7. Oral hearing

8. Check the decision on examining the request for invalidation

9. Litigation

Request for invalidation starts the invalidation procedure by filing a patent invalidation request with China National Intellectual Property Administration. The review of invalidation cases in China National Intellectual Property Administration mainly includes formal review, collegial review, making a review decision and subsequent judicial relief. The basic process of invalidation is as shown in the following figure: the start of invalidation procedure refers to the request for invalidation of patent right put forward by the requester, that is, to question the effectiveness of a patent right and apply for denying its patent right according to law.

First, the beginning of invalid procedure.

The initiation of invalidation procedure refers to the patent invalidation request put forward by the invalidation requester, that is, to question the validity of a patent right and apply for denying its validity according to law. The patentee's declaration of invalidation is the starting point of the whole patent invalidation procedure. Without the patentee's invalidation according to legal conditions, the patent invalidation procedure cannot play its role. When a subject who meets the statutory requirements applies to China National Intellectual Property Administration for declaring a patent invalid in whole or in part, it shall submit a request for invalidation of the patent and necessary evidence in accordance with the law.

Second, the review of invalid procedures

1, formal review

After receiving the request for invalidation, China National Intellectual Property Administration first conducts formal examination. Formal review generally includes the following aspects:

(1) The object of the request for invalidation, that is, whether it is aimed at the patents that have been announced and authorized, including those that have been terminated or abandoned (except those abandoned since the application date);

(2) Whether the subject qualification of the claimant complies with the law;

(3) Whether there is a clear scope of invalid request, legal invalid reasons and necessary evidence;

(4) Whether the request for invalidation meets the format and number of copies required by China National Intellectual Property Administration;

(five) whether to pay the request for invalidation in full within one month from the date of filing the request for invalidation; (6) Whether the entrustment procedure complies with the law. After passing the formal examination, China National Intellectual Property Administration will issue a notice of acceptance to the applicant for invalidation.

2. Collegiate review

After the expiration of the defense period, the invalidation procedure will enter the stage of collegiate review, and the China National Intellectual Property Administration Provincial Department of Examining Invalidation will form a collegial panel to read the paper.

3, make a review decision

China National Intellectual Property Administration made a review decision based on the opinions of both parties, including three decisions: declaring the patent right null and void, partially invalidating the patent right, and continuing to be valid. If any party refuses to accept the review decision, it may bring a lawsuit to the people's court within the prescribed time limit and enter the follow-up judicial relief channel.

legal ground

patent law of the people's republic of china

Article 45 From the date when the patent administration department in the State Council announced the grant of the patent right, if any unit or individual thinks that the grant of the patent right is not in conformity with the relevant provisions of this Law, it may request the patent administration department in the State Council to declare the patent right invalid.

Article 46 The patent administration department in the State Council shall promptly examine the request for invalidation of the patent right and make a decision, and notify the claimant and the patentee. The decision to declare the patent right invalid shall be registered and announced by the patent administration department of the State Council.

Anyone who refuses to accept the decision of the State Council Patent Administration Department to declare the patent right invalid or maintain the patent right may bring a lawsuit to the people's court within three months from the date of receiving the notice. The people's court shall notify the other party to the procedure for requesting invalidation to participate in the proceedings as a third party.