1. The Patent Reexamination Board has made a decision on whether to request invalidation again
1. If the applicant requests to declare the patent invalid, and after the Patent Reexamination Board makes a decision on the request for invalidation, if the applicant then requests invalidation with the same reasons and evidence, the Patent Reexamination Board will not accept the application.
2. Legal basis: "Implementing Rules for the Patent Law of the People's Republic of China"
Sixth Article 16 If a request for invalidation of a patent right does not comply with the provisions of Article 19, Paragraph 1, of the Patent Law or Article 65 of these Rules, the Patent Reexamination Board will not accept it.
After the Patent Reexamination Board makes a decision on the request for invalidation, if a request for invalidation is made with the same reasons and evidence, the Patent Reexamination Board will not accept the request.
Requested to declare the design patent right invalid on the grounds that it does not comply with the provisions of Article 23, Paragraph 3 of the Patent Law, but no evidence to prove the conflict of rights was submitted. , the Patent Reexamination Board will not accept the application.
If the request for invalidation of patent rights does not comply with the prescribed format, the requestor for invalidation shall make corrections within the time limit designated by the Patent Reexamination Board; if the request for invalidation is not made or corrected within the time limit specified by the Patent Reexamination Board, The request for invalidation is deemed not to have been made.
2. Procedure for invalidating patent rights
(1) Request time and criteria for invalidating patent rights
From the announcement of the national patent administration department A request for invalidation of a patent right can be made from the date the patent right is granted. In fact, throughout the validity period from the date of grant of patent rightAt any time, including after the patentee has given up the patent right or after the validity period of the patent right has expired, a request can be made to declare the patent right invalid.
In accordance with the provisions of the Implementing Rules of the Patent Law, a request for invalidation of a patent right shall be submitted to the Patent Reexamination Board, stating the reasons and providing necessary supporting materials. Documents must be submitted in duplicate and the requested fee must be paid.
(2) The party requesting the invalidation of the patent right
The party requesting the invalidation of the patent right The parties are the petitioner and the respondent. Regarding the petitioner, the Patent Law provides relatively broad provisions, that is, any unit or individual can file a request for invalidation. The respondent is the patentee. Strictly speaking, it should be the patentee in the patent register. Because the patent right can be transferred, the last patentee in the register should be the respondent.
(3) Hearing of cases declaring patent rights invalid
The Patent Reexamination Board receives the declaration After the request for patent invalidity is submitted (including the reasons for the request, scope and evidence), the review stage begins. The review process includes three stages: formal review, collegial review and decision making.
Formal review is mainly to review the validity of the request for invalidation. After review, the request for invalidation that meets the conditions shall be accepted and a notice of acceptance shall be issued; if the request for invalidation requires correction or statement of opinions, the requester shall make corrections or statement of opinions within a time limit. If no correction is made within the time limit or the request is made after the statement of opinion, the request still does not meet the requirements. , the Patent Reexamination Board will not accept the application and issue a notice of non-acceptance.
Collegial hearing is based on passing the formal examination. The Patent Reexamination Board appoints a collegial group to hear the case. The collegial group can conduct a review based on the actual situation of the case, or Written hearing, or a combination of written hearing and oral hearing.
According to the provisions of the "Patent Law Implementing Rules", if the applicant requests to declare the patent invalid, after the Patent Reexamination Board makes a decision on the invalidation request, the same The Patent Reexamination Board will not accept a request for invalidation based on the reasons and evidence. 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.
