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

Our weekly IP round-up includes CAFC, Canada copyright, Katy Perry, Twitter and John Oliver http://t.co/QTUPpAv92K http://t.co/b1JIUEXtAS

Apr 24 2015 07:40 ·  reply ·  retweet ·  favourite
ManagingIP profile

Latest #ipclinic: should we outsource our #trademark portfolio? By @k2ipltd, IP-portunity & @Unilever http://t.co/44NeR7hsa2 ($/trial)

Apr 24 2015 04:42 ·  reply ·  retweet ·  favourite
ManagingIP profile

RT @hsgantman: Obama's new IP chief talks #WorldIPDay and the value of copyright and creativity. #CreativityCon http://t.co/JonZFGW9TY

Apr 24 2015 03:34 ·  reply ·  retweet ·  favourite
More from the Managing IP blog


AIPLA Daily Report 2014

Read this year's AIPLA Daily Report - published daily by Managing IP direct from the AIPLA Annual Meeting in Washington DC


null null null

May 2015

The voices of IP - from 1990 to 2015

Over the past 25 years, Managing IP has interviewed most of the influential people in IP.



Most read articles

Supplements