IV. Reexamination and Invalidation

1.Requests for Reexamination and Cases Closed

    Since 1985, 3187 requests for reexamination had been received. In 2000 alone, 555 were received in 2000, showing an increase of 92 (or 20%) over the previous year, 54 of which were made by those not satisfied with decisions on requests for revocation. Of all the requests, 466 (including those against decisions on requests for revocation) were related to patent for inventions, accounting for 84% of the total. In 2000, 817 re-examination cases were closed, of which 38.6% were settled through revocation of the original decisions on rejection made by the examination department concerned as well as of decisions on requests for revocation.

2.Requests for Invalidation and Cases Closed

    Since 1985, the Patent Re-examination Board had received 5,526 requests for invalidation, of which 1,194 were received in 2000, showing an increase of 411 (52%) over the previous year. Of the total request for invalidation in 2000, 53 related to patents for inventions, accounting for 4.4% of the total; 622 to the utility models, accounting for 52.1%; and 519 to industrial designs, representing 43.5%. In 2000, 1,561 cases were closed, of which 39.1% were declared invalid, 7.9% partially invalid, and 53% were maintained.

3.Summary on Requests for Reexamination and for Invalidation and Cases Closed

    In 2000, a series of measures were taken to eliminate backlogs. 2378 were closed for requests for re-examination and invalidation, an increase of 98.8% as compared with 1196 in 1999. In 2000, the Office received 1749 requests for re-examination and invalidation, which indicated that for the first time, the cased closed succeeded the cases received.

4.Patent Administrative Procedures

    Since 1985, 142 cases had been appealed to the Beijing No.1 Intermediate People's Court and the Beijing High People's Court due to dissatisfaction with the decisions on requests for reexamination or invalidation made by the Patent Reexamination Board.59 were against the decisions of reexamination and 83 were against the decisions on requests for invalidation. Totally 124 cases were closed. In 2000 alone, 26 cases were brought to the Beijing No.1 Intermediate People Court for trial or appealed to the Beijing High People's Court.

2013-07-17