Patents (China) [Q34]
23. Q: How to request for invalidation of a Chinese patent?

In accordance with Article 45 of the Patent Law, starting from the date of announcement of the grant of a patent right by the Chinese Patent Office, any entity or individual who considers that the grant of the patent right is not in conformity with the relevant provisions of the Chinese Patent Law, may file a request to the Patent Reexamination Board to declare the patent right invalid.

While filing a request for invalidation, the Request and the evidence (if any) shall be submitted with the Patent Reexamination Board in two copies. The Request for invalidation shall state in detail the grounds for filing the request and indicate the evidence on which the grounds are based.


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