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Overview

Introduction

Reexamination and Invalidation Department of the Patent Office, CNIPA, with a former name of the Patent Reexamination Board of the Chinese Patent Office, was established in November 1984 as a department of the Chinese Patent Office. Along with the Institutional restructuring of the State Council in 1998 and the amendments of the Chinese Patent Law in 2001, the Patent Reexamination Board was renamed twice, i.e., the Patent Reexamination Board of the Patent Office of the CNIPA in 1998 and the Patent Reexamination Board of the CNIPA in 2001. The Patent Reexamination Board was approved, as an institution directly under the CNIPA with the status of an independent legal entity at the end of 2003.

Organization

As prescribed by Article 41.1 of the Patent Law, the patent administration department under the State Council (the CNIPA) shall set up a Patent Reexamination Board.

As prescribed by Rule 58 of the Implementing Regulations of the Patent Law, the Patent Reexamination Board shall consist of technical and legal experts appointed by the patent administration department under the State Council (the CNIPA). The person responsible for the patent administration department under the State Council (Mr. Shen Changyu now) shall be the director of the Board.

Tasks

As prescribed by Articles 41, 45 and 46 of the Chinese Patent Law, the Patent Reexamination Board shall examine the request for reexamination and  invalidation, and make decisions subsequently. Where the person who made the request for reexamination or invalidation or the patentee are not satisfied with the decision, such party may, within three months from the receipt of the notification of the decision, institute legal proceedings in the Beijing First Intermediate People’s Court.

Major responsibilities

* Examine the request for reexamination submitted by a petitioner who is not satisfied with a decision made by the CNIPA rejecting a patent application or an IC layout design application;

* Examine the request for patent invalidation and the request  concerning withdrawal of an exclusive right of an IC layout design.

* With responsibility for the litigation work where the Patent Reexamination Board is considered as the defendant of an administrative lawsuit.

* Take part in the study for the authorization and infringement of a patent or an IC layout design.

* Accept the People's Courts’ and the patent administration departments’ entrustments to provide advice for the patent authorization and infringement cases.
 

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