Chapter V Reexamination and Invalidation

1. Requests for Reexamination and Cases Resolved

Since 1985, 4, 764 requests for re-examination had been received. In 2002 alone, 961 such requests were received showing an increase of 345 or 56.0% over the previous year. Of all these above requests, 802 were related to invention patents and those against decisions on requests for revocation, accounting for 83.4% of the total in 2002. A total of 65 were related to patents for utility models and those against decisions on requests for revocation, accounting for 6.8% of the total in 2002. A total of 94 were related to patents for industrial designs and those against decisions on requests for revocation, accounting for 9.8% of the total in 2002. In 2002, 785 re-examination cases were resolved, and by the end of 2002, 662 re-examination cases were being processed.

2.Requests for Invalidation and Consequent Cases Resolved

Since 1985, the Patent Re-examination Board received 8, 594 requests for invalidation. In 2002, 1,752 requests for invalidation were received, 436 more than in the previous year, representing an increase of 33.1%. Of requests received in 2002, 130 related to invalidation requests for invention patents, accounting for 7.4% of the total, 756 related to invalidation requests for utility models, accounting for 43.2%, and 866 to industrial designs, making up the remaining 49.4% .In 2002, 1402 cases were resolved. By the end of 2002, 1384 requests for invalidation were being processed.

3. Patent Administrative Litigation

Since 1985, due to dissatisfaction with decisions on requests for re-examination or invalidation decisions and other notifications made by the Patent Re-examination Board, 450 cases had been lodged with the Beijing Number One Intermediate People's Court or appealed to the Beijing High People's Court, 93 were against the decisions on reexamination, and 352 were against the decisions on requests for invalidation, and five were against other notifications. In total, 286 cases were resolved by the People's Court. In 2002 alone, 230 cases were brought to the Beijing Number One Intermediate People's Court for trial, or appealed to the Beijing High People's Court. Fifteen were lodged against the re-examination decisions after rejection of invention patent applications or requests for revocation of invention patents, twenty-five were lodged against the decisions on requests for invalidation of invention patents, one was lodged against the decision of re-examination on rejection of utility model patent, 116 were lodged against decisions on requests for invalidation of utility model patents, seventy were lodged against the decisions on invalidation request, for the invalidation of industrial designs, three were lodged against the other notifications.

2013-07-17