IV. Reexamination and Invalidation

1. Requests for Reexamination and Consequent Cases Closed

Since 1985,SIPO has received a total of 2,632 requests for re-examination. In 1999,463 such requests were received, 141 more than the previous year, representing an increase of 44%. 61 requests were made by those who were not satisfied with decisions on requests for revocation. Of all the above requests,369 (including those against decisions on requests for revocation) were related to invention patents, accounting for 80% of the total. In 1999,401 re-examination cases were closed, of which 217 were settled through revocation of the original decisions on rejection made by the examination department concerned as well as of decisions on requests for revocation, accounting for 54.1% of the total.

2. Requests for Invalidation and Consequent Cases Closed

Since 1985,the Patent Re-examination Board has received 4,332 requests for invalidation, among which 783 were received in 1999,147 more than the previous year. Of invalidation requests received in 1999:44 related to invention patents, accounting for 5.6% of the total; 440 to the utility models, accounting for 56.2%; and 299 to industrial designs, making up the remaining 38.2%. In 1999, 795 cases were closed. Among the cases closed with written decisions, 46.7% were declared invalid, 5.4% partially invalid, and 47.95% maintained their validity. The number of cases closed by the Re-examination Board in 1999 exceeded the volume of requests for invalidation received the same year.

3. Patent Administrative Litigation

Since 1985,116 cases have been lodged with the Beijing Number One Intermediate People's Court or appealed to the Beijing High People's Court, due to dissatisfaction with decisions on requests for re-examination or invalidation decisions made by the Patent Re-examination Board.49 of these appeals were lodged with the courts against decisions of reexamination and 67 were lodged against the decisions on requests for invalidation. In total, 97 cases were closed. In 1999 alone, 19 cases were brought to the Beijing Number One Intermediate People Court for trial, or appealed to the Beijing High People's Court.

2002-05-29