1. The Patent Reexamination Board decides how to conduct an oral hearing of a request for invalidation
1. 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.
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time limit and does not participate in the oral hearing, his request for invalidation shall be It shall be deemed to be withdrawn; if the patentee does not participate in the oral hearing, it may be heard in absentia.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. Under what circumstances can a patent review be requested
(1) If the reasons for the review request are untenable, the review request shall be rejected in accordance with the law and the original rejection decision shall be maintained. If the Patent Reexamination Board upholds the original rejection decision and the reexamination requester is dissatisfied, he may file an administrative lawsuit with the People's Court within three months from the date of receipt of the reexamination decision. If no prosecution is initiated within the prescribed time limit, the review decision will take effect immediately.
(2) If the reasons for the review request are established, the original rejection decision shall be revoked. Revoking the original decision to rejectThe main reasons include errors in the application of laws and regulations in the original rejection decision, lack of necessary evidence support for the reasons for rejection, and violations of legal procedures during the original review process. For example, the rejection decision is based on the application text that the applicant abandoned or the technical solution that does not require protection. basis, or the applicant was not given an opportunity to state his opinions on the reasons, evidence or facts found in the rejection decision during the review procedure, or the rejection decision did not evaluate the evidence submitted by the applicant that was relevant to the reasons for rejection, etc., which may affect fairness. trial and other situations.
(3) The patent application documents have been modified by the reexamination requester to overcome the defects pointed out in the original decision to reject the application, and the original rejection is revoked on the basis of the new text Decide. In the second and third situations mentioned above, the relevant application files will be sent back to the original examination department, which will continue the approval process based on the review decision. The original examination department shall implement the decision of the Patent Reexamination Board and shall not make a decision contrary to the reexamination decision based on the same reasons and evidence.
According to the provisions of the "Patent Law Implementing Rules", if the Patent Reexamination Board decides to conduct an oral hearing on a request for invalidation, it shall issue an oral hearing notice to the parties, informing the parties The date and place of the oral hearing. The parties concerned shall respond within the time limit specified in the notice. 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.
