How to file a request for invalidation of a patent application
After the patent right is granted and announced by the Patent Administration Department of the State Council, any Units and individuals who believe that the patent rights do not comply with the provisions of the Patent Law of the People's Republic of China and its implementation rules may request the Patent Reexamination Board of the State Council to declare the announced patent invalid from the date of announcement.
The invalidation of patent rights is made by the Patent Reexamination Board It shall be registered and announced by the Patent Administration Department of the State Council.
The applicant applies for patent rights to the Patent Reexamination Board of the State Council For an invalidation declaration, a written application should be submitted and accompanied by relevant evidence in duplicate. The application should specifically state the reasons for the invalidation declaration and indicate the evidence on which each reason is based.
Requesting to declare the patent right invalid or partially invalid, A request for invalidation of the patent right and necessary evidence in duplicate should be submitted to the Patent Reexamination Committee of the State Intellectual Property Office. The request for invalidation should combine all the evidence submitted, specify the reasons for the invalidation request, and indicate the evidence on which each reason is based.
Content and format of request for invalidation
1. Invalid declaration request object:
The petitioner *********’s patent number is ZL****** **, the patentee ******* filed a request for invalidation of the invention (utility model, design) patent named ******. The application number of the patent is ***** *, the filing date is ******, (priority date is *******, publication number is *******, publication date is *******,) authorization announcement number is ********, and the authorization announcement date is ************
2. Reasons and legal basis for invalidation:
The applicant filed a request for invalidation in accordance with Article 45 of the Patent Law and Article 64 of the Implementing Rules of the Patent Law, believing that the above-mentioned invention (Utility models, designs) do not comply with the ***** provisions of Article *, Paragraph ** of the Patent Law.
3. Purpose of invalidation request
This request makes the following requests:
1. Due to all (part of) the rights in the claims of the invention (utility model, design) If the requirements are not met (substantial defects such as novelty, inventiveness, etc.), request the Patent Reexamination Board to declare the patent invalid in its entirety or the claims ** and ** partially invalid;
2. In order to facilitate the Patent Reexamination Committee collegial group to analyze the evidence provided by the petitioner on the above-mentioned inventions (utility models, designs) ) patent right, the petitioner is willing to conduct face-to-face cross-examination and debate with the patentee on the evidence provided (witnesses need to appear in court to testify, and facts need to be explained to the collegial panel in person). Therefore, the petitioner requests the Patent Reexamination Committee collegial panel to review this case. Oral hearing;
4. Based on the facts presented and The evidence specifically explains the reasons for the invalidation request
1. List the evidence submitted:
The petitioner The following documents shall be used as evidence that the above-mentioned invention (utility model, design) does not possess (novelty, inventiveness and other substantial defects).
2. Interpret legal provisions: such as: novelty , creativity, insufficient disclosure, non-identity and non-similar legal meanings
3. Analyze the substantive defects of the claims one by one based on the evidence
5. Attachment: Evidence
The above knowledge is the editor’s explanation of “How to file a request for invalidation of a patent application” "To answer the question, after the announcement period of patent authorization, if a citizen or legal person has objections to the patent authorization, he or she can submit a patent invalidation application to the patent management department to apply for the invalidation of the patent authorization. If readers need legal help, they are welcome to go to the Legal Savior Network for legal consultation.
