Requests for Reexamination and Invalidation

1. Reexamination

Where an applicant for patent is not satisfied with the decision of the patent administration department rejecting the application, the applicant may, within three months from the date of receipt of the notification, request the Patent Reexamination and Invalidation Department to make a reexamination.

2. Invalidation 

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 and Invalidation Department to declare the patent right invalid.

3. Reexamination and Revocation of Layout-design of Integrated Circuits

The Patent Reexamination and Invalidation Department is responsible for examining requests for reexamination, where an applicant for layout-design of integrated circuits is not satisfied with the decision of CNIPA rejecting the application, and examining requests for revocation after granting the registration of a layout-design. 

2019-09-17