When can the petitioner requesting a patent invalidation add evidence?

After the Patent Reexamination Board accepts the request for invalidation, the requester may add reasons or supplement evidence within one month from the date of filing the request for invalidation. If reasons or evidence are added after the time limit, the Patent Reexamination Board may not consider it. Regarding the question of when the petitioner requesting a patent invalidation can supplement evidence, the editor of Legal Savior Network will give you a detailed answer below.

1. When can the petitioner requesting a patent invalidation add evidence

1. After the Patent Reexamination Board accepts a request for invalidation, the requester may add reasons or supplement evidence within one month from the date of filing the request for invalidation. If reasons or evidence are added after the time limit, the Patent Reexamination Board may not consider it.

2. Legal basis: "Implementing Rules for the Patent Law of the People's Republic of China"

Sixth Article 17: After the Patent Reexamination Board accepts a request for invalidation, the requester may add reasons or supplement evidence within one month from the date of filing the request for invalidation. If reasons or evidence are added after the time limit, the Patent Reexamination Board may not consider it.

2. What are the circumstances under which requests for invalidation of patent rights will not be accepted?

Requests for patent invalidation will not be accepted under the following three circumstances:

1. If the request for invalidation is not for a patent that has been announced and authorized, it will not be accepted. The requester can file a request for invalidation for a patent that has been terminated or abandoned;

2. If the patent right requested to be invalidated has been declared invalid by the effective review decision of the Patent Reexamination Board on the request for invalidation, it will not be accepted. After the Patent Reexamination Board’s decision to declare part of the patent right invalid becomes effective, the petitioner may file an invalidation request for the claims that are maintained valid by the decision;

3. If a patentee files a request for invalidation of its patent rights, the evidence submitted is not a public publication or the requester is not all patentees of the jointly owned patent rights., will not be accepted.

According to the provisions of the "Patent Law Implementing Rules", after the Patent Reexamination Board accepts a request for invalidation, the requester may have 1 period from the date of filing the request for invalidation. Add reasons or supplement evidence within the month. If reasons or evidence are added after the time limit, the Patent Reexamination Board may not consider it. 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.