Patent litigation In China (II)

4. Revocation/Cancellation

4.1 Reasons and Remedies for Revocation/ Cancellation

According to Article 45 of Chinese Patent Law, after a patent is granted, if any entity or individual considers that the granting of said patent does not conform to the relevant provisions of this law, they may request that the Patent Reexamination Board invalidate the patent right.

According to Article 65 of Implementing Regulations of the Chinese Patent Law, the reasons for the request for invalidation refers to when the invention or creation on which the patent right is granted is not in conformity with the following:

• Article 2 (concepts of the three kind of patents);
• Paragraph 1 of Article 20 (security examination);