What are the procedures for entrusting an agent to declare patent invalidity?

A patent right is deemed to have ceased to exist from the beginning after it is declared invalid. Anyone who is dissatisfied with the decision of the Patent Reexamination Board to declare the patent right invalid or to maintain the patent right may file a lawsuit in the People's Court from the date of receipt of the notice. What are the procedures for entrusting an agent to declare patent invalidity? The editor of Legal Savior Network has compiled the following content to answer your questions. I hope it will be helpful to you.

What are the procedures for entrusting an agent to conduct patent invalidation declaration

1. Program

1. The client explains the cause of action, the reasons for invalidation and the factual basis, and determines the request for invalidation Purpose.

2. Sign invalidation agency contract and patent agency .

3. The client submits proof of identity, including corporate A copy of the business license and the identity certificate of the legal representative; if the client is an individual, provide a copy of the ID card.

4. The client pays relevant fees in advance, including Agency fees, invalidation request fees, forensic investigation fees, search fees, travel expenses and other related expenses actually incurred.

5. The client provides relevant search information in writing involving prior rights related to the invalid patent, or provides relevant technical information in the same technical field, similar technical field, or related technical field. The information provided by the client should be The original, if only a copy is provided, written proof should be provided at the same time, including the source of the copy, printing and publication time, and the cover, second cover, third cover or back cover, title page, etc. If the invalidation of the appearance patent is involved, additional information is required. For various materials that are the same as or similar to the patent, such as photos, albums, etc., provide invoices, contracts, physical products used for prior manufacturing and sales as much as possible, and other notarized certification materials for prior disclosure.

6. Study the evidence materials, draw up all the reasons for invalidation request, and determine The most effective invalidation request plan is to determine whether important evidence is required; write a request for invalidation and submit a request for invalidation to the Patent Reexamination Board.

7. For settlement in the invalidation procedure, propose a settlement plan and conditions based on the opinions of the client, and write and sign a settlement agreement.

8. Study the patentee’s statement of opinion and make a timely reply. If a patent involving high or new technology or major political, economic and market interests is invalid, the client should assign professional and technical personnel who are familiar with the technology to cooperate and guide the technical analysis, write invalidation requests, and participate in oral hearings and other processes.

9. Participate in the oral hearing of the Patent Reexamination Committee, participate in court appearance and statement of opinions , mediation.

10. When patent invalidity involves infringement disputes, assist the client with the following tasks: 1) Assist the client to receive the decision of the Patent Reexamination Board during the defense period (within 15 days) Notice of invalidation acceptance; 2) After the Patent Reexamination Board accepts the application, submit a request to the People's Court to suspend the hearing of the patent infringement dispute; 3) After the Patent Reexamination Board makes an invalidation decision, forward the relevant invalidation decision to the People's Court.

2. List of materials submitted by the client

1. Personal identity certificate of the client or business license and legal person prove.

2. Patent certificate and authorization of the patentee Patent announcement document.

3. Prior disclosures related to invalid patents Patent documents, previously published scientific and technological documents, publicly known technologies and other technical information.

4. When patent invalidity involves infringement disputes, entrust The person should also provide the following information: 1) The client’s physical product, photos, product instructions and other materials. 2) All documents served by the people's court, including the request for litigation.

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