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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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Analysis from @twobirdsIP of yesterday's #UKSC judgment in Servier v Apotex (re cross-undertaking in damages) #patent http://t.co/SuonRsSknI

Oct 30 2014 05:43 ·  reply ·  retweet ·  favourite
ManagingIP profile

Archiving ahead of office move #throwbackthursday Hopefully we will soon be paperless! http://t.co/wqZiLdJYIf

Oct 30 2014 04:40 ·  reply ·  retweet ·  favourite
ManagingIP profile

Plus ça change ... Old covers on trolls, cost savings, US reform & EU forum shopping #clearout #throwbackthursday http://t.co/hZIvLDRHOF

Oct 30 2014 03:25 ·  reply ·  retweet ·  favourite
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