1. How to deal with dissatisfaction with the result of patent invalidation
1. Yes Passed the patent review process. After the applicant's request for invalidation of the patent right is accepted by the Patent Application Reexamination Board, the applicant may supplement, modify, or add evidence within one month from the date of acceptance, provide new evidence, or provide additional evidence beyond the prescribed one-month period. If the original evidence provided is modified or supplemented, the Patent Application Reexamination Board may not consider it.
2. Legal basis:
According to Article 40 of the Patent Law of the People's Republic of China The provisions of Paragraph 2 of Article 6
Anyone who is dissatisfied with the decision of the Patent Administration Department of the State Council to declare the patent right invalid or to maintain the patent right may start from the date of receipt of the notice. File a lawsuit with the People's Court within three months. The people's court shall notify the other party in the invalidation request procedure to participate in the litigation as a third party.
2. How much does it cost to apply for patent invalidation?
The cost of applying for patent invalidation. The cost of patent invalidation is based on different professional types. There is a difference. Request fee for invalidation of invention patent right: 3,000 yuan.
Request fee for invalidation of utility model patent right: 1,500 yuan.
Request fee for invalidation of design patent right: 1,500 yuan.
The above are invalidDeclaration of request for official fees. Fees are required according to national regulations. If you use an agency to apply for a patent invalidity, you will also need to pay agency fees. Review procedures for invalidation declarations: Invalidation declarations are accepted and reviewed by the Patent Reexamination Board (referred to as the “Reexamination Board”), which has different review departments based on different technical fields. Invalid requests will be divided into various departments according to areas, and each department will set up a collegial group and review them in chronological order.
Due to the different caseloads in various fields, the review cycles for invalidation declarations will also vary greatly. Under normal circumstances, the longest review period for invention patents is about 2-3 years, followed by about 0.5-2 years for utility models, and the shorter review period for appearance, generally 0.5-1.5 years. In addition, if a patent ownership dispute occurs during the invalidation review process, the invalidation review can also be suspended, further extending the invalidation review cycle. Except for particularly simple cases, there is generally an oral hearing procedure during the invalidity review process, which is similar to the court hearing procedure. Both parties make oral statements under the auspices of a collegial group. Generally, it takes about 3-5 months after the oral hearing procedure. Will receive an invalid review decision.
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