Article 62 Where, after reexamination, the Patent Reexamination Board finds
that the request does not comply with the provisions of the Patent Law and these
Implementing Regulations, it shall invite the person requesting reexamination to
submit his observations within a specified time limit. If the time limit for
making response is not met, the request for reexamination shall be deemed to
have been withdrawn. Where, after the requesting person has made its
observations and amendments, the Patent Reexamination Board still finds that the
request does not comply with the provisions of the Patent Law and these
Implementing Regulations, it shall make a decision of reexamination to maintain
the earlier decision rejecting the application.
Where, after reexamination,
the Patent Reexamination Board finds that the decision rejecting the application
does not comply with the provisions of the Patent Law and these Implementing
Regulations, or that the amended application has removed the defects as pointed
out by the decision rejecting the application, it shall make a decision to
revoke the decision rejecting the application, and ask the examination
department which has made the examination to continue the examination
procedure.
Article 63 At any time before the Patent Reexamination Board makes its
decision on the request for reexamination, the requesting person may withdraw
his request for reexamination.
Where the requesting person withdraws his
request for reexamination before the Patent Reexamination Board makes its
decision, the procedure of reexamination is terminated.
Article 64 Anyone requesting invalidation or part invalidation of a patent
right in accordance with the provisions of Article 45 of the Patent Law shall
submit a request and the necessary evidence in two copies. The request for
invalidation shall state in detail the grounds for filing the request, making
reference to all the evidence as submitted, and indicate the piece of evidence
on which each ground is based.
The grounds on which the request for
invalidation is based, referred to in the preceding paragraph, mean that the
invention-creation for which the patent right is granted does not comply with
the provisions of Article 22, Article 23, or of Article 26, paragraph three or
four, or of Article 33 of the Patent Law, or of Rule 2, or of Rule l3, paragraph
one, or of Rule 20, paragraph one, or of Rule 21, paragraph two of these
Implementing Regulations; or the invention-creation falls under the provisions
of Articles 5 or 25 of the Patent Law; or the applicant is not entitled to be
granted the patent right in accordance with the provisions of Article 9 of the
Patent Law.
Article 65 Where the request for invalidation does not comply with the
provisions of Rule 64 of these Implementing Regulations, the Patent
Reexamination Board shall not accept it.
Where, after a decision on any
request for invalidation of the patent right is made, invalidation based on the
same facts and evidence is requested once again, the Patent Reexamination Board
shall not accept it.
Where a request for invalidation of a patent for design
is based on the ground that the patent for design is in conflict with a prior
right of another person, but no effective ruling or judgement is submitted to
prove such conflict of rights , the Patent Reexamination Board shall not accept
it.
Where the request for invalidation of the patent right does not comply
with the prescribed form, the person making the request shall rectify it within
the time limit specified by the Patent Reexamination Board. If the rectification
fails to be made within the time limit, the request for invalidation shall be
deemed not to have been made.
Article 66 After a request for invalidation is accepted by the Patent
Reexamination Board, the person making the request may add reasons or supplement
evidence within one month from the date when the request for invalidation is
filed. Additional reasons or evidence which are submitted after the
specified time limit may be disregarded by the Patent Reexamination Board.
Article 67 The Patent Reexamination Board shall send a copy of the request
for invalidation of the patent right and copies of the relevant documents to the
patentee and invite it or him to present its or his observations within a
specified time limit.
The patentee and the person making request for
invalidation shall, within the specified time limit, make responses to the
notification concerning transmitted documents or the notification concerning the
examination of the request for invalidation sent by the Patent Reexamination
Board. Where no response is made within the specified time limit, the
examination of the Patent Reexamination Board will not be affected.
Article 68 In the course of the examination of the request for invalidation,
the patentee for the patent for invention or utility model concerned may amend
its or his claims, but may not broaden the scope of patent protection.
The
patentee for the patent for invention or utility model concerned may not amend
its or his description or drawings. The patentee for the patent for design
concerned may not amend its or his drawings, photographs or the brief
explanation of the design.
Article 69 The Patent Reexamination Board may, at the request of the parties
concerned or in accordance with the needs of the case, decide to hold an oral
procedure in respect of a request for invalidation.
Where the Patent
Reexamination Board decides to hold an oral procedure in respect of a request
for invalidation, it shall send notifications to the parties concerned,
indicating the date and place of the oral procedure to be held. The parties
concerned shall make response to the notification within the specified time
limit.
Where the person requesting invalidation fails to make response to the
notification of the oral procedure sent by the Patent Reexamination Board within
the specified time limit, and fails to take part in the oral procedure, the
request for invalidation shall be deemed to have been withdrawn. Where the
patentee fails to take part in the oral procedure, the Patent Reexamination
Board may proceed to examine by default.
Article 70 In the course of the examination of a request for invalidation,
the time limit specified by the Patent Reexamination Board shall not be
extended.
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