Chapter V Reexamination and Invalidation

1. Requests for Reexamination and Cases Resolved

Since 1985, 12,575 requests for reexamination had been received by the Patent Reexamination Board.  In 2005, 3,230 reexamination requests were received showing an increase of 462 or 16.69% over the previous year. Of all the above requests, 3,202 were related to invention patents and those against decisions on requests for revocation, accounting for 99.13% of the total. 26 were related to patent for utility models and those against decisions on requests for revocation, accounting for 0.81%.  2 were related to patent for industrial designs and those against decisions on requests for revocation, accounting for 0.06%.  In 2005, 1,576 reexamination cases were resolved, and by the end of 2005, 4,215 reexamination cases were processing.

2.Requests for Invalidation and Cases Resolved

Since 1985, the Patent Reexamination Board has received 14,398 requests for invalidation.  In 2005, 2,087 requests for invalidation were received, 183 more than the previous year, representing an increase of 9.61%. Of requests received in 2005: 270 related to invalidation requests for invention patents, accounting for 12.94% of the total; 924 related to invalidation requests for utility models, accounting for 44.27%; and 893 to industrial designs, making up the remaining 42.79%.  In 2005, 1,643 cases were resolved.  Until the end of 2005, 2,261 requests for invalidation were 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, 1,818 cases had been lodged with the Beijing Number One Intermediate People's Court or appealed to the Beijing High People's Court, 182 were against the decisions of reexamination, and 1,624 were against the decisions on requests for invalidation, 12 were against other notifications.  In total, 1,698 cases were resolved by people's courts.  In 2005, 472 cases were brought to the Beijing Number One Intermediate People's Court for trial, or appealed to the Beijing High People's Court. 28 were lodged against the reexamination decisions after rejection of invention patent applications or requests for revocation of invention patents, 87 were lodged against the decisions on requests for invalidation of invention patents, 2 were lodged against the decision of reexamination on rejection of utility model patent, 188 were lodged against decisions on requests for invalidation of utility model patents, 169 were lodged against the decisions on invalidation request for invalidation of industrial designs, 0 were lodged against the other notifications.

2013-07-17