Letter of Guarantee [2022] No. 101 issued by CNIPA

Jiangxi Intellectual Property Office:

The "Jiangxi Provincial Intellectual Property Office's Request for Instructions on Issues Concerning Suspension of Patent Infringement Dispute Cases" (Letter of Guarantee [2022] No. 8 issued by Jiangxi Intellectual Property Office) has been received and known. With research, it is hereby approved as follows:

I. The Notification of Acceptance of Request for Invalidation is necessary for the law enforcement to decide the suspension of the case.

The Guidelines for Handling Administrative Adjudication Cases of Patent Infringement Disputes stipulates that “where the respondent requests to suspend the handling on the grounds of applying for invalidation of the patent right involved, the following conditions shall be met: people who files the application for invalidation of the patent right shall be the respondent or the interested party;  the patent invalidation application has been accepted; clear reasons for invalidation and relevant evidence are available”, and “the respondent who files an application for suspension shall submit the following materials: a written Application for Suspension of Patent Infringement Dispute Cases; a notification of acceptance of request for invalidation; evidences affecting the stability of the patent right involved.”

Therefore, the notification of acceptance of request for invalidation is a necessity for the law enforcement to decide to suspend the case.

2. Receipts for submission of relevant electronic documents and payment vouchers cannot prove that the request for invalidation has been accepted.

First, the submission receipt for electronic document only indicates that the CNIPA has received relevant electronic documents submitted by the requester. Second, in accordance with the relevant requirements concerning the reexamination of patent applications and the examination of patent right invalidation of Article 60 and Article 66 in the Implementing Regulations of the Patent Law, when the CNIPA receives the request for reexamination and invalidation, a formal examination shall be carried out including the petitioner object, petitioner qualifications, the scope of the request for invalidation, and the reasons and evidence. Generally, the formal examination starts after the fee for reexamination and invalidation is paid by the requester.

Therefore, that the electronic document submission receipt and invalidation request payment voucher are provided at the same time in the process of reexamination and invalidation cannot prove that the invalidation request has been accepted.

It is hereby approved.

CNIPA

July 8th, 2022