Study on Invalidity During Patent Infringement Dispute;
Article65 Where the written request for the invalidation of a patent right is not in conformity with Article64 of these Rules, the Patent Re-examination Board shall not accept it.
Rule 65 Where the request for invalidation does not comply with the provisions of Rule 64 of these Implementing Regulations, the Patent Reexamination Board shall not accept it.
(7) any invalidation of the patent right;
(5) any invalidation of the patent right;
The decision declaring the patent right invalid shall be registered and announced by the Patent Office.
Any patent right which has been declared invalid shall Be deemed to Be nonexistent from the Beginning.
Chapter IV Reexamination of Patent Application and Invalidation of Patent Right
The decision declaring the patent right invalid shall be registered and announced by the patent administration department under the State Council.
(3) raising disagreement, asking for the announcement of a patent right cancellation and other related affairs;
"The Patent Reexamination 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."
Article 47. Any patent right which has been declared invalid shall be deemed to be non-existent from the beginning.
Where the patent right has been abandoned, wholly invalidated or ceased, the files shall not be preserved after expiration of three years from the date on which the patent right ceases to be valid.
(2) continuing to affix patent marking on the products that are made or sold after the patent right concerned has been declared invalid;
The decision of the Patent Reexamination Board in respect of a request to declare invalid the patent right for utility model or design is final.
Rule 71 The person requesting invalidation may withdraw his request before the Patent Reexamination Board makes a decision on it.
Article 71 Before the Patent Re-examination Board makes a decision on the request for invalidation, the person making the request may withdraw such a request.
Where the person requesting invalidation withdraws his request before the Patent Reexamination Board makes a decision on it, the examination of the request for invalidation is terminated.