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Patent Invalidation

Post-grant Patent Invalidation.

Once a certain patent is blocking you from selling your product or a patent owner has filed an infringement allegation against you, it is time to consider patent invalidation as a defensive strategy.

Fill out the questionnaire below to receive a free quote and game plan.

Questionnaire on Patent Invalidation Expand

  • This field is for validation purposes and should be left unchanged.

Frequently Asked Questions

Who can file patent invalidation petition in China? Expand

Any person, including the patentee, may file a request for patent invalidation at any time after the grant of the subject patent.

What are the possible grounds for invalidation? Expand
  • Non-patentable subject matter.
  • Lack of novelty, inventiveness, or practical utility.
  • Added subject matter.
  • Insufficient disclosure of description.
  • Claim lacking support.
  • Claim lacking clarity and/or succinctness.
  • Claim lacking an essential technical feature.
  • Double patenting.
What are procedure? Expand

The post-grant invalidation petition is filed with Patent Reexamination Board. The procedure is very much like a litigation but in an administrative setting.

The decision by the Board can be appealed to the Beijing Intellectual Property Court for judicial review.

Make an inquiry for free

Let us know your problems and we will come up with a strategy to help you.

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