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

Read the highlights from #INTA16 https://t.co/WFLKa2ZXZA View all five issues of the INTA Daily News! https://t.co/DPSngx8dWf

May 27 2016 02:56 ·  reply ·  retweet ·  favourite
ManagingIP profile

INTA's annual meeting is in Barcelona next year! We spoke to its co-chairs https://t.co/p7aXG4yFg7 #INTA16 https://t.co/0KI7kGrulL

May 25 2016 08:01 ·  reply ·  retweet ·  favourite
ManagingIP profile

Assertive anticounterfeiting in Africa and Asia https://t.co/9hesZvNeak #INTA16

May 25 2016 07:30 ·  reply ·  retweet ·  favourite
More from the Managing IP blog


Read this year's INTA Daily News - published daily by Managing IP direct from the INTA Annual Meeting in Orlando


null null null
null null

May 2016

North America awards: details and photos of the winners

Celebrating outstanding work in IP in the United States and Canada at our annual dinner in Washington DC



Most read articles

Supplements