China -  Chinese law firm

What will happen if a party requests that a patent be declared invalid?

After the date of the announcement of the grant of the patent by the SIPO, any entity or individual who considers that the grant of the patent does not conform with the relevant provisions of the Law, may request the Patent Re-examination Board to declare the patent right invalid.

The Patent Re-examination Board shall examine the request for invalidation of the patent right, make a decision and notify the person who made the request and the patentee. The decision declaring the patent invalid shall be registered and announced by the Patent Office. Where any party is not satisfied with the decision of the Patent Re-examination Board declaring the patent right (whether it is invention, utility model or industrial design) invalid or upholding the patent right, such party may, within three months from receipt of the notification of the decision, institute legal proceedings in the People's Court.

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