Can a request for invalidation be heard orally?

The Patent Reexamination Board may decide to conduct an Oral hearing on the request for invalidation based on the request of the parties or the needs of the case. If it is decided to conduct an oral hearing on the request for invalidation, an oral hearing notice shall be issued to the parties concerned. Regarding the question of whether a request for invalidation can be heard orally, the editor of Legal Savior Network will answer it in detail for you below.

1. Can an oral hearing be conducted on a request for invalidation?

1. Can be heard orally. The provisions for oral hearing are as follows:

(1) The Patent Reexamination Board may decide to conduct an oral hearing on a request for invalidation based on the request of the parties or the needs of the case.

(2) If the Patent Reexamination Board decides to conduct an oral hearing on the request for invalidation, it shall issue an oral hearing notice to the parties and inform the parties of the date and place of the oral hearing. . The parties concerned shall respond within the time limit specified in the notice.

(3) If the invalidation requester fails to respond within the specified time limit to the oral hearing notice issued by the Patent Reexamination Board, and does not participate in the oral hearing, his/her The request for invalidation is deemed to have been withdrawn; if the patentee does not participate in the oral hearing, it may be heard in absentia.

2. Legal basis: "Implementing Rules for the Patent Law of the People's Republic of China"

Seventh Article 10 The Patent Reexamination Board may decide to conduct an oral hearing on a request for invalidation based on the request of the parties or the needs of the case.

If the Patent Reexamination Board decides to conduct an oral hearing on the request for invalidation, it shall issue an oral hearing notice to the parties, informing the parties of the date and place of the oral hearing. The parties concerned shall respond within the time limit specified in the notice.

If the invalidation requester fails to respond to the oral hearing notice issued by the Patent Reexamination Board within the specified time limit and does not participate in the oral hearing, his request for invalidation shall be It shall be deemed to be withdrawn; if the patentee does not participate in the oral hearing, it may be heard in absentia.

2. Legal Consequences of Patent Invalidation

1. The invalidated patent right is deemed to have ceased to exist from the beginning. It can be seen that the effect of declaring the patent right invalid can be traced back to the time when the patentee enjoys the patent right.

2. The decision to declare the patent right invalid means that the judgment or ruling on patent infringement made and executed by the People's Court before the patent right was declared invalid has been fulfilled or Enforced patent infringement dispute settlement decisions, as well as executed patent implementation licensing contracts and patent rights transfer contracts, do not have retroactive effect. However, compensation should be provided for losses caused to others due to the malicious intent of the patentee.

3. If the patentee or patent transferor fails to return the patent royalties or patent transfer fees to the licensed patentee or patent transferee , which is a clear violation of the principle of fairness, the patentee or patent transferor shall return all or part of the patent royalties or patent transfer fees to the licensed patentee or patent transferee.

According to the provisions of the "Patent Law Implementing Rules", the Patent Reexamination Board may decide to conduct an oral hearing on the request for invalidation based on the request of the party or the needs of the case. If it is decided to conduct an oral hearing on the request for invalidation, an oral hearing notice shall be issued to the parties concerned. I hope the above content can be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior website to consult a professional lawyer.