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Invalidating a patent in china

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1.2 Grant Procedure Patent for invention After a patent application for an invention has been filed with the Intellectual Property Office, it is published promptly after 18 months counting from the filing date (or priority date, if any).

The applicant may request substantive examination within three years of the filing date (or priority date, if any) so that the patent application for the invention may enter into a substantive examination phase.

The simple answer is that strong patents offer patent owners leverage and competitive advantages over their competitors.

For example, a patent owner can use strong patents offensively, filing patent infringement lawsuits against competitors for injunctions and monetary damages or extracting royalties through licensing.

The patent application is required to be amended through one or more official actions.

The term for invention patents in China is 20 years from the filing date.

The term for utility model patents is 10 years from the filing date.

Multinational corporations are increasingly feeling the pressure from products manufactured in China, and Chinese companies are increasingly finding they need to secure and enforce patents in China to defend their global and Chinese market shares.

This article considers how IP owners can employ defensive strategies within the Chinese patent and court systems to protect against loss of market share and to mitigate the risks of injunctions and liability for damages.