1. A patent application has been granted a patent. Article 45 of the patent law, from the date of being announced for granting patent right by the Patent Administrative Department under the State Council, any unit or individual consider that the grant of patent right is not in conformity with the relevant provisions of the patent law, may request the patent reexamination board to declare the patent is invalid.

2. The requester makes a request for invalidation in accordance with the law. The request for an invalid shall comply with the following requirements:

(1) The request for invalidation shall be made in writing and the requestor shall submit to the patent reexamination board two copies of the claim for invalidation of the patent.

(2) Paying the request for invalidation, the requestor shall pay the request fee within one month from the date of the request for invalidation.

(3) Stating invalidation reasons and basis, the claim for invalidation of a patent shall be stated the reasons for the invalidation and the facts that are based on it, and attach the necessary evidence. The invalidation reason for invalidation must be in conformity with paragraph 2 of article 64 of the Implementation Details of the Patent Law.