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Under what circumstances will the patent invalidation request review process be terminated?
Release Time:
2022-08-19
A:
(1) Where the claimant withdraws his request for invalidation before the Patent Reexamination and invalidation Trial Department makes a decision on the request for invalidation, the invalidation proceedings shall terminate, except where the patent Reexamination and invalidation Trial Department considers that it is possible to make a decision on invalidation or partial invalidation of the patent right on the basis of the examination conducted.
(2) Where the claimant fails to reply to the notice of oral hearing within the specified time limit and does not participate in the oral hearing, and his request for invalidation is deemed to have been withdrawn, the invalidation procedure shall terminate, except where the Patent Reexamination and invalidation Department considers that a decision to declare the patent right invalid or partially invalid can be made based on the examination work already conducted.
(3) If the accepted request for invalidation is rejected because it does not meet the conditions for acceptance, the invalidation procedure shall be terminated.
(4) After the Patent Reexamination and invalidation Trial Department has made a decision on the request for invalidation, if the party fails to bring a suit in the people's court within three months from the date of receipt of the decision for examination, or if the people's court makes an effective judgment upholding the decision for examination, the invalidation procedure shall be terminated.
(5) Where, after the Patent Reexamination and invalidation Trial Department has made an examination decision declaring all patent rights invalid, the parties fail to bring a suit before the people's court within three months from the date of receipt of the examination decision, or the people's court makes an effective judgment upholding the examination decision, all other invalidation procedures against the patent right shall terminate.
Source: Intellectual Property Classroom
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