Among the patent-related businesses, one is the patent invalidation business, which can be submitted to the State Intellectual Property Office for patent invalidation.
Article 45 of China’s Patent Law stipulates: “From the date the Patent Office announces the grant of a patent right, any unit or individual who believes that the grant of the patent right does not comply with the relevant provisions of this Law may apply for a patent. The reexamination committee declared the patent invalid. "In order to maintain the seriousness of the patent law and safeguard the interests of the general public, the Chinese Patent Law has set up a "patent invalidation procedure" in the patent examination procedure.
The operation process is roughly as follows: After preparing the patent invalidation request materials, submit the request to the National Patent Reexamination Board. The Patent Reexamination Board will send a copy of the request for patent invalidation and copies of relevant documents to the patentee, requesting After stating opinions within the specified time limit, the patentee may modify the patent document, but shall not expand the scope of protection of the original patent; failure to respond within the time limit will not affect the hearing of the Patent Reexamination Board.
The Patent Reexamination Board examines the request to declare the patent right invalid, makes a decision, and notifies the requester and the patentee. The decision to declare the patent right invalid shall be registered and announced by the China Patent Office. If you are dissatisfied with the decision of the Patent Reexamination Board to declare the invention patent right invalid or to maintain the patent right, you can file a lawsuit with the People's Court within three months from the date of receipt of the notice (information from Shenzhen Zhongyi Patent and Trademark Office).