According to sources from the Patent Reexamination Board of the State Intellectual Property Office of the PRC, the Patent Reexamination Board has finished the amendments on the Methods for the Patent Reexamination Board Controlling the Examination Cycle of the Request for Invalidation of Patent Right (trial implementation) which had been implemented for more than half a year. After calculation, the average examination cycle of the invalidation case is likely to be within six months. As far as we know, around the world there are very few countries which can achieve this. 

 

According to the relevant principals, when studying and implementing the scientific outlook on development in depth, the Patent Reexamination Board received numerous opinions from the patentees and their agents. They all hope to have enough time to prepare for the defense in the examination process of the invalidation case so as to improve the efficiency of oral procedure. The Board, based on thorough research and substantive investigation, made some proper amendments on the Methods for the Patent Reexamination Board Controlling the Examination Cycle of the Request for Invalidation of Patent Right (trial implementation), further reducing the cycle of interior examination procedures and prolonging the time for the party to prepare for defense. In this way, the party is guaranteed to fully enjoy the right to defense. The time limits for various examination procedures of the invalidation case are arranged in a much more scientific and more rational way. The cases can be closed as soon as possible. More importantly, the legitimate rights and interests of the patentees and the public are under timely protection. 

 

 

 

（SIPO）

2009-04-08