Chapter V Reexamination and Invalidation

 1. Requests for Reexamination and Cases Resolved

Since 1985, 9,345 requests for reexamination had been received. In 2004, 2,768 reexamination requests were received showing an increase of 955 or 52.7% over the previous year. Of all the above requests, 2,744 were related to invention patents and those against decisions on requests for revocation, accounting for 99.1% of the total. 22 were related to patent for utility models and those against decisions on requests for revocation, accounting for 0.8%. 2 were related to patent for industrial designs and those against decisions on requests for revocation, accounting for 0.1%. In 2004, 1,447 reexamination cases were resolved, and by the end of 2004, 2,561 reexamination cases were processing.


2. Requests for Invalidation and Cases Resolved

Since 1985, the Patent Reexamination Board has received 12,311 requests for invalidation. In 2004, 1,904 requests for invalidation were received, 91 more than the previous year, representing an increase of 5%. Of requests received in 2004: 214 related to invalidation requests for invention patents, accounting for 11.2% of the total; 828 related to invalidation requests for utility models, accounting for 43.5%; and 862 to industrial designs, making up the remaining 45.3%. In 2004, 1,667 cases were resolved. Until the end of 2004, 1,817 requests for invalidation are being processed.


3. Patent Administrative Litigation

Since 1985, due to dissatisfaction with decisions on requests for reexamination or invalidation decisions and other notifications made by the Patent Reexamination Board, 1,346 cases had been lodged with the Beijing Number One Intermediate People's Court or appealed to the Beijing High People's Court, 154 were against the decisions of reexamination, and 1,180 were against the decisions on requests for invalidation, 12 were against other notifications. In total, 1,213 cases were resolved by people's courts. In 2004, 546 cases were brought to the Beijing First Intermediate People's Court for trial, or appealed to the Beijing High People's Court. 38 were lodged against the reexamination decisions after rejection of invention patent applications or requests for revocation of invention patents, 97 were lodged against the decisions on requests for invalidation of invention patents, 0 were lodged against the decision of reexamination on rejection of utility model patent, 219 were lodged against decisions on requests for invalidation of utility model patents, 0 were lodged against the decision of reexamination on rejection of design patent, 189 were lodged against the decisions on invalidation request for invalidation of industrial designs, 3 were lodged against the other notifications.

2013-07-17