Invalidation Procedure

As prescribed by Article 45 of the Patent Law, where, starting from the date of the announcement of the grant of the patent right by the patent administration department under the State Council, any entity or individual considers that the grant of the said patent right is not in conformity with the relevant provisions of this Law, it or he may request the Patent Reexamination Board to declare the patent right invalid.

The examination procedure of a request for patent invalidation is a patent authorization procedure for the re-cognizance of the validity of the accused patent right .It is made by the Patent Reexamination Board and based on considering both the observations and evidences submitted by the petitioner and the patentee. The specific workflow is shown as follows: