Patent invalidation: Tips on consideration of evidence
Bonan Lin and Xuezhen Zhang of Zhongzi Law Office lay out the rules and nuances in setting forth evidence in invalidation proceedings
In China, the validity of an issued patent can be challenged
by anyone at any time after the patent is granted, by filing an
invalidation request with the Patent Re-examination Board
(PRB). The PRB is one main constituent of the State
Intellectual Property Office (SIPO).
The filing of such an invalidation request does not have any
preconditions, such as the existence of a patent infringement
lawsuit between the parties. The requester may challenge the
validity of a patent on any invalidation grounds as stipulated
in rule 65 of the Implementing Regulations of the Patent Law,
which include for example, not only novelty (Article 22(2) of
the Patent Law), inventiveness (Article 22(3)), but also claims
not supported by the specification (Article 26(4)), being
indefinite (Article 26(4)), insufficiency of disclosure
(Article 26(3)), introduction of new matter through amendment
(Article 33), and so on. The requester theoretically has
unlimited chances to file such...
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