InternationalUSRemember you can easily switch between MIP US and MIP International at any time

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...


Please log in to read the rest of this article.

New to Managing Intellectual Property? Take advantage of one week’s FREE access and become a Managing IP member today. It’s free to join and the benefits start straight away.

Already registered?

Please make sure you log in to read the rest of the article.

Log in

Join us now

Gain 7 days FREE access when you register now.

Join here

profile

Managing IP

ManagingIP

ManagingIP profile

Patent litigation cools in the Eastern District of Texas (although it is still very high!) - our latest blog post https://t.co/JfecAQmPE5

Jul 29 2016 05:30 ·  reply ·  retweet ·  favourite
ManagingIP profile

Making sense of US patent litigation in 2016’s first half ($/trial) https://t.co/Kh5PrsSzLN Top plaintiffs, defendants and law firms ranked!

Jul 29 2016 04:55 ·  reply ·  retweet ·  favourite
ManagingIP profile

US people moves: Cooley nabs MoFo team, Pooley joins Orrick, Librarian of Congress ($/trial) https://t.co/aTlwfHoWwE https://t.co/oHZx7sv9SP

Jul 29 2016 02:37 ·  reply ·  retweet ·  favourite
More from the Managing IP blog


Mid Year 2016

All eyes on ASEAN

Economic and legal reforms are driving harmonisation within and beyond the ASEAN region, with big implications for IP owners. James Nurton, Stephy Tang and Natalie Rahhal introduce a year-long series of articles



Most read articles

Supplements