lProcedures

After receiving a copy of the "Application for Declaration of Invalidation of Patent Right" as well as the relevant documents dispatched 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 scope of the original scope of protection. the person making the request may add reasons or supplement evidence within one month from the date when the request for invalidation is filed.  Additional reasons or evidence which are submitted after the specified time limit may be disregarded by the Patent Reexamination Board. Where no response is made before the expiration of the time limit, the examination conducted by the Patent Reexamination Board will go on unhindered. The Patent Reexamination Board may, at the request of the parties concerned or in accordance with the needs of the case, decide to hold an oral procedure in respect of a request for invalidation.

On receiving an unfavorable decision on reexamination issued by the Patent Reexamination Board, the applicant may institute legal proceedings at the court within three months from the date of receipt of the notification. The People's Intermediate Court of the Municipality of Beijing shall be the 1st Instance Court, while the Higher Court of the Municipality of Beijing, the 2nd Instance Court.

lRequirements

(1) Power of Attorney

(2)Title of patent, patent number

(3) Name(s), address(es), and nationality(ies) of applicant(s) and patentee(s)

(4) Reasons, relevant materials, evidence

lThe legal basis

The procedure of invalidation is established according to the Article 45 of the Patent Law. Where, starting from the date of the announcement of the grant of a patent right by the patent administrative department under the State Council, any entity or individual considers that the grant of the said patent right is not in conformity with the relevant provisions of this Law, it or he may request the Patent Re-examination Board to declare the patent right invalid.