Patent invalidity reexamination procedures
First, you need to prepare the reexamination application, opinion statement and evidence materials. Format texts such as the application form and statement of opinions can be downloaded from the website of the State Intellectual Property Office or the website of the reexamination committee for reference.
Secondly, under normal circumstances, patent reexamination needs to be submitted to the Patent Reexamination Committee (Address: 10-12th Floor, Yingu Building, No. 9 Beisihuan West Road, Haidian District, Beijing ) Submit materials and apply for patent review. In many cases, the defendant in a patent infringement lawsuit applies for the invalidation of the patent involved. In this case, you can take the court's acceptance notice and submit the materials to the State Intellectual Property Office (No. 6, West Tucheng Road, Jimenqiao, Haidian District, Beijing). You can do so on the spot. Get the acceptance notice.
Again, after the Patent Reexamination Board accepts the application for invalidation review, if there is new evidence or new facts and reasons, it can be reported to the Patent Reexamination Board within one month. The Patent Reexamination Board shall submit compensation evidence or compensation opinions. If it exceeds one month, the Patent Reexamination Board may not accept it.
Finally, there is usually an oral examination procedure, which is the most important part of the patent reexamination procedure. The oral hearing procedure is similar to the court hearing procedure, but the rules are slightly different. Both parties and their authorized agents must be present and explain the specific circumstances of the case as well as their requests and factual reasons to the collegial panel. For some complex patents, it is best to bring patented products or simulation devices so that the collegial group can ascertain the facts and technical issues.
After the review committee completes the review, it will issue a review decision. If you are not satisfied with the review decision issued by the review committee, you can file a review within three months from the date of receipt of the decision. An administrative lawsuit was filed within Beijing No. 1 Intermediate Court.
