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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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Are trade secrets the next troll target? http://t.co/unt8UmXVdO #aiplaAM14 http://t.co/QjvR2Xbvln

Oct 24 2014 04:00 ·  reply ·  retweet ·  favourite
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David Kappos and Laurie Self raised worries over Supreme Court flirting with 101 at #aiplaAM14 http://t.co/GP2peoglQY http://t.co/GK5BYO7bR7

Oct 24 2014 03:30 ·  reply ·  retweet ·  favourite
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At #aiplaAM14 Phil Johnson called for fairness in PTAB proceedings http://t.co/wLxbiFccfN

Oct 24 2014 02:57 ·  reply ·  retweet ·  favourite
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