Invalidation

Where, starting from the date of the announcement of the grant of the patent right by State Intellectual Property Office of P.R.C., any entity or individual considers that the grant of the said patent right is not in conformity with the relevant provisions of the Patent Law, it or he may request the Patent Reexamination Board to declare the patent right invalid.

Filing Requirements for Requesting Invalidation of a Chinese Patent:

1. A duly executed Power of Attorney (Download);

2. Two copies of Form of "Application for Declaration of Invalidation of Patent Right" indicating title of patent, patent number, name(s), address(es), and nationality(ies) of applicant(s) and patentee(s);
3.Two copies of reasons and evidences (if any).

After receiving a copy of the "Request for Declaration of Invalidation of Patent Right" as well as the relevant documents transferred by the Patent Reexamination Board, the patentee should make observations within the specified time limit. The patentee may amend the patent documents, but the amendments shall not go beyond the protection scope of the initial patent. Where no response is made before the expiration of the time limit, the examination by the Patent Reexamination Board will go on unhindered.

On receiving an unfavorable decision on reexamination issued by the Patent Reexamination Board, the applicant may institute legal proceedings at the court within three (3) months from the date of receipt of the notification.