[Direct answer]The invalidation declaration is submitted to the National Intellectual Property Administration for review and invalidation proceedings: any unit or individual may request it from the date of the authorization announcement, with the reasons limited to statutory circumstances (defects in novelty, inventiveness, and practicality, insufficient disclosure in the specification, unsupported claims, and modifications beyond the scope, etc.); the procedure includes formal review, evidence exchange, oral hearings, and collegial review, with a decision to either uphold or declare the patent invalid; those who disagree with the decision may file a lawsuit with the Beijing Intellectual Property Court within three months.

I. Problem Background and Typical Scenarios

There are two major scenarios for invalidation declaration: "counter-attacking" when being sued for infringement—searching for existing designs and initiating invalidation after receiving a lawsuit or warning letter to eliminate the opponent's advantage; and "removing obstacles" in market competition—proactively challenging the validity of a competitor's patent when it hinders development. Common misconceptions include believing that "it's still possible to negotiate invalidation before responding to the lawsuit" (invalidation doesn't affect court proceedings; it can be suspended but isn't mandatory) and thinking that invalidation grounds can be written arbitrarily (once the request grounds are withdrawn or omitted, it's difficult to supplement them during the review process).

II. Key points of contention

First, the statutory closedness of invalidation grounds. The review can only be conducted based on statutory grounds and the submitted evidence and arguments. Supplementary evidence at the hearing is limited, and research and argumentation must be completed before the request. Second, a creative argumentation structure. The three-step approach of the closest prior art + distinguishing features + actual technical problems solved + technical inspiration is the key to victory. Third, procedural coordination. The suspension of invalidation procedures and infringement lawsuits, and the rhythmic game of injunctions. Patent holders also have the right to amend their claims as a self-rescue measure.

III. Professional analysis by Henglue Lawyers

The preparation for invalidation decisions determines 80% of the success or failure. **Search Phase**: Retrieving existing technologies/designs is the foundation—patent databases, standards, textbooks, product catalogs, exhibition materials, and e-commerce historical pages must all be reviewed. Proof of disclosure before the application date (e.g., timestamps, archives, notarization) must be meticulously documented. A patent’s fate often hinges on a "cornerstone comparative document." **Argumentation Phase**: Organize creative attacks in three steps: 1. Identify the closest comparative document. 2. Find distinguishing features. 3. Redefine the technical problem and argue "no technical inspiration." Each argument must be supported by sufficient evidence to avoid "lack of evidence to support multiple claims." **Procedural Phase**: Submit the request and evidence all at once (limited time for supplementary arguments and evidence). Prepare for oral hearings by simulating counter-arguments and demonstrating experiments. Within three months of a decision, file a lawsuit at the Beijing Intellectual Property Court and conduct a full review during the administrative litigation phase. **Defense Strategies for Patent Holders**: - Respond to invalidation requests within one month of receiving the copy. - Counter each argument and evaluate options for amending claims (e.g., narrowing protection scope for stability is a common survival tactic). - Assess impacts on ongoing infringement litigation and coordinate invalidation and defense efforts. **Strategic Lessons**: - Prioritize search before litigation: - Finding fatal comparative documents triggers simultaneous invalidation and infringement defenses, greatly increasing court dismissal/abandonment probabilities. - Absence of comparative documents shifts to non-infringement defenses (comprehensive coverage, equivalence, estoppel) and technical novelty defenses, with invalidation requests relegated to pressure tactics. - High-quality search/argumentation reduces sunk costs, making hiring experienced teams more cost-effective than ad hoc responses. - Beijing IP Court and Supreme Court IP Tribunal have refined invalidation litigation procedures, with stable evidentiary rules and quarterly case planning schedules. --- **Key Translation Notes**: 1. Technical terms like "现有技术/设计" (existing technologies/designs), "口头审理" (oral hearings), and "不侵权抗辩" (non-infringement defenses) require accurate legal translations. 2. Legal processes like "行政诉讼阶段" (administrative litigation phase) and "北京知识产权法院" (Beijing Intellectual Property Court) require standardized names. 3. Strategic concepts like "三步法" (three-step method) and "不侵权抗辩" (non-infringement defenses) require clear explanations to maintain professionalism. 4. Timeframes and deadlines (e.g., "三个月") must be translated precisely to avoid ambiguity. 5. Sentences structured as lists (e.g., "三条理由") should retain their bullet-point format for clarity. 6. Legal jargon like "证据规则" (evidentiary rules) and "存档" (archiving) require consistent terminology. 7. Institutional names like "北京知识产权法院" and "最高法院知产法庭" should be translated according to official standards. 8. Technical terms like "现有技术抗辩" (existing technology defenses) and "等同禁止反悔" (equivalence estoppel) require specialized translations. 9. Overall, the translation must balance legal accuracy with readability to ensure professionals and laypeople alike can understand the complexities of patent invalidation strategies.

IV. Practical suggestions and legal basis

The first step is to retrieve the market price: Prioritize retrieving existing technologies and conducting stability assessments to determine the attack path. The second step is to prepare all the necessary grounds: Combine statutory grounds and evidence in a timely manner, and conduct the argumentation according to the three-step method. The third step is to follow the procedural process: Manage each node of the oral hearing, decision-making, and three-month litigation period in sequence. The fourth step is to coordinate efforts on two fronts: Coordinate with the suspension, defense, and settlement of infringement litigation. Main legal basis: Articles 45 to 47 (invalidation declaration) of the Patent Law of the People's Republic of China (amended in 2020); the provisions of the Patent Review Guidelines on the invalidation declaration procedure; the "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trials of Administrative Cases Involving Patent Authorization and Right Ownership" (implemented in 2020); specific applications shall be subject to the currently effective regulations.

5. Henglue Law Firm's Reminder

Declaring a patent invalid is a process where "research is king": one correct comparison document is worth ten eloquent arguments. The defendant conducts research first and then takes action, while the patent holder evaluates the stability of the patent before discussing rights protection. Once the two-pronged approach of patent validation and infringement defense is well-organized, the case is already half won. For matters involving declaring a patent invalid, you can proceed through the following steps:Intellectual property protection and corporate lawFor obtaining a comprehensive solution for services involving infringement comparison and litigation strategies, you can refer to the recent similarity judgment and evidence collection topics. For those related to enterprise patent layout and risk detection, you can pay attention to itBusiness and contract disputes in enterprisesFor plate-related matters involving the mediation of intellectual property disputes and special support, you can refer to the relevant information for reference.Specialised legal servicesFor those interested in recovering the fees paid after the contract was deemed invalid, you can pay attention to the following plateCreditor's rights and debts, and enforcement cases板块。

VI. Frequently Asked Questions

Q1: Can I report invalid clicks at any time?

You can file a claim at any time after the date of the authorization announcement, and there is no deadline. The invalid decisions that have already been implemented will not affect the compensation settlement rules that have already taken effect.

Q2: If my proposal is rejected as invalid, can I resubmit it again?

It can be raised again based on different reasons and evidence; however, the same reasons and evidence raised repeatedly will be rejected. For subsequent requests, new evidence must be provided.

Q3: Will infringement lawsuits be suspended during the invalidation period?

If the defendant requests a suspension, the court will review the request. Suspensions are less common in invention patent cases, but more common in utility model and design cases, which is not necessarily the case.

Q4: Can patent holders amend their claims to save themselves?

Yes. In an invalid procedure, it is allowed to modify the claims (by deleting or merging them, or deleting the technical solutions), and it is a common self-rescue path to narrow the scope in exchange for stability.

Q5: Is the patent still valid before the invalidation decision takes effect?

The decision to declare the patent invalid does not, in principle, have retroactive effect on the parts that have already been implemented. Before the decision takes effect, the patent is still presumed to be valid, and the injunction and compensation will proceed in accordance with the established procedures.

This article is written based on the common judicial interpretation in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify the regional differences.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, to avoid missing the statutory time limit. →Intellectual property protection legal services·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.