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Patent Invalidation

Any party may file an invalidation request against a granted patent by provision of reasons and evidences.

A worldwide search may be necessary before filing of the request, in order to obtain evidences that support the reasons. Although reasons can be diverse, lack of novelty or inventive step are used most often.

Invalidation procedures normally takes 12-18 months. The decision of invalidation can be appealed before the First Middle Court of Beijing. The decision of the appeal can further be appealed with the High Court of Beijing. The decision of the High Court of Beijing will be the final decision.







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