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In judicial proceedings, what consequences will arise if the defendant files an invalidation application?
Release Time：
2021-08-19
According to the "Several Provisions of the Supreme People's Court on Applicable Legal Issues in the Trial of Patent Dispute Cases", when one party files an application for patent invalidation and the result of the patent infringement litigation must be based on the result of the patent invalidation declaration, the court should suspend the patent infringement litigation and Because if the infringement lawsuit is not suspended, the result of the infringement lawsuit may conflict with the result of the invalidation declaration. Article 2 of the "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Patent Infringement Dispute Cases (II)" stipulates: "If the rights claimed by the right holder in the patent infringement litigation are declared invalid by the Patent Reexamination Board, the patent infringement trial shall The people's court involved in the dispute may rule to reject the right holder's lawsuit based on the invalid claim. If there is evidence to prove that the decision that the above-mentioned claim is invalid has been revoked by an effective administrative judgment, the right holder may file a separate lawsuit."
Source: Beijing Intellectual Property Rights Protection Assistance Center
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