The procedure: The petitioner files a request for invalidation setting out the grounds in detail, identifying the evidence, and tying each ground to specific claims. Common grounds are lack of novelty or inventiveness, insufficient disclosure, amendment beyond the original disclosure, unclear claims, unpatentable subject matter, and double patenting. The Reexamination and Invalidation Department of CNIPA examines the case, and most cases go to an oral hearing. The patentee may file written observations within the period set, and may amend the claims, but only in ways that narrow their scope. A party dissatisfied with the decision may bring an administrative action before the Beijing IP Court.
Interplay with infringement litigation. Defendants in infringement actions frequently file for invalidation as a parallel defense, and courts may suspend the infringement proceedings depending on the circumstances. For utility model and design patent cases, whether proceedings are suspended is closely tied to whether a patent right evaluation report has been submitted.
