The process of patent invalidation is that after the relevant interested parties file an application, the Trademark Committee will examine it, and after the examination is passed, the patent will be declared invalid or valid. The patent rights stipulated by relevant laws, including the acquisition of patent rights, are not in conformity with the laws.

Legal analysis

Procedures for invalidation of patent application: (1) Initiation of the invalidation procedure: The invalidation procedure starts at any time from the date when the patent administrative department of the State Council grants the patent right, and can last until the termination of the patent right. Because the decision to examine the request for invalidation can affect some matters before the termination of the patent right, it is allowed to make the request for invalidation after the termination of the patent right. The subject of invalidation procedure includes: any unit or individual, but according to the provisions of relevant laws, the patentee may not declare all his patents invalid. (2) Examination of the request for invalidation: After the Patent Reexamination Board accepts the request for invalidation through formal examination and starts the procedure for invalidation, it will form a collegial panel to conduct a collegial examination of the case of the request for invalidation. Most cases are reviewed by a collegial panel composed of three people (team leader, presiding judge and jurors). Only a few cases with serious circumstances are reviewed by a collegial panel of five people (1 team leader, 1 presiding judge and three jurors). (3) Making a decision on examining the request for invalidation: After examination, the collegial panel makes a decision on examining the request for invalidation. There are three types of decisions to examine the request for invalidation; One is to declare all patents invalid, the other is to declare some patents invalid, and the third is to maintain the validity of patents.

legal ground

Article 46 of the Patent Law of People's Republic of China (PRC) * * * 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 requester 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.