Legal Basis
Article 45 of Patent Law of PRC: Where, starting from the date of the announcement of the grant of the patent right by the patent administration department under the State Council, any legal 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 Reexamination Board to declare the patent right invalid.
Conditions for requesting invalidation
Since the publication date, i.e. grant date, from the CNIPA, any legal entity or individual believes that the granted patent does not comply with the Implement of the Patent Law Article 65(ii), including Patent Law Article 2&5&20(i)&22&23&25&26(iii)(iiii)&27(ii)&33, or the Implement Article 20(ii)&43(i), or by the provisions of Article 9 of the Patent Law can not obtain patent rights and other circumstances, who can request the CNIPA to invalidate the patent.
Authoried Office
CNIPA
Doc Required for Invalidation
- Application form and evidence if necessary.
- POA
- Identification of applicant.
Results of Examination
There are three types of decisions:
(1) Maintain the validity of the patent.
(2) Maintain the partial validity of the patent.
(3) Invalidate all patent.
Fee Schedule
Invalidation for invention: CNY 3,000; Invalidation for utility: CNY 1,500; Invalidation for design: CNY 1,500;
Administrative Litigation
If a party is dissatisfied with the invalidation decision of the CNIPA, it may file a lawsuit with the Beijing IP Court within three months from the date of receipt of the decision.