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1. patent invalid reply

In accordance with the provisions of the Patent Law and the Regulations for the Implementation of the Patent Law, after entering the procedure for invalidation of the patent right, the Patent Reexamination Board will send the request for invalidation of the patent right and a copy of the relevant documents to the patentee, requiring the patentee to make a statement within a specified period of time.

Patent invalidation request reply is to the National Patent Reexamination Board to have been made invalid request (revocation) of the patent to answer, this reply on the invalid request of the person.

 

According to the relevant provisions of the Patent Law and the Detailed Rules for the Implementation of the Patent Law, from the date when the patent administration department of the State Council announces the grant of the patent right, any unit or individual that believes that the grant of the patent right does not comply with the relevant provisions of this law may request the Patent Reexamination Board.

 

The Patent Reexamination Board shall promptly 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 right invalid shall be registered and announced by the patent administration department under the State Council.

A patent right that has been declared invalid shall be deemed to be non-existent from the beginning.

3. domestic patent rights

Domestic patent rights protection refers to the implementation of its patent without the permission of the patentee, causing disputes, which shall be resolved by the parties through consultation;

Departmental treatment. When the department in charge of patent work deals with it, if it determines that the infringement is established, it may order the infringer to stop the infringement immediately, and if the party concerned is not satisfied, it may, within 15 days from the date of receiving the notice of handling, in accordance with the Administrative Law of the people's Republic of China.

Procedural Law to the people's court;

If the infringer does not sue and does not stop the infringement at the expiration of the period, the department in charge of patent work may apply to the people's court for compulsory enforcement. The department for the administration of patent work that conducts the processing may, at the request of the party concerned, mediate on the amount of compensation for the infringement of the patent right; mediation

In case of failure, the party concerned may bring a suit in a people's court in accordance with the the People's Republic of China Civil Procedure Law.