Reexamination & invalidationRequest for reexamination
Article 41 of the “Patent Law of the People’s Republic of China” stipulates that the Patent Administration Department under the State Council shall set up a Patent Reexamination Board. Where an application for patent is not satisfied with the decision of the said department rejecting the application, the applicant may, within three months from the date of receipt of the notification, request the Patent Reexamination Board to make a reexamination. The Patent Reexamination Board shall, after reexamination, make a decision and notify the applicant for patent.
There are normally two kinds of final results for a patent application: (a) after examination, patent right is granted for the patent possesses novelty, inventiveness and practical applicability; (b) after examination, the application is rejected as it does not possess the patentability. After receiving a decision of rejection sent by examiner of the Patent Office, the applicant should certainly seriously analyze the reason and evidence supporting the decision and consider carefully exercising their right to have a re-examination of the case.
The applicant only needs to provide the following materials when entrusting us to prepare relevant documents and request the Patent Reexamination Board for reexamination:
1) original application documents(description and claim etc);
2) official notification and reply documents received during the process of examination;
3) rejection decision and materials
After we accept the commitment, we will carefully analyze the application documents and the rejection decision, communicating constantly with our client we act as the agent on behalf of the applicant to request reexamination and rejoin the opinion of the Patent Reexamination Board.
Request for Invalidation Declaration and Response to Invalidation
Article 45 of the “Patent Law of the People’s Republic of China” stipulates that where, starting from the date of announcement of the grant of the patent right by the Patent Administration Department under the State Council, any entity or individual considers the grant of the said patent right is not conformity with the relevant provisions of this Law, it or he may request the Patent Reexamination Board to declare the patent right invalid.
When entrusting us to file a request for invalidation declaration, the claimant should provide the following materials:
1) Introduction of the case background and details;
2) Patent No. and announcement document of the declared invalid patent or a patent which would be declared invalid;
3) Evidence for the invalidation or response to invalidation;
After we accept the commitment, we will carefully analyze the evidence provided and when necessary commence supplementary search and guide the client to seek for more evidence of pertinence, we objectively evaluate the possibility of recovering, we bring forward reasons and schemes for the request of invalidation, and we attend and respond at any spoken examination etc.