4.7.1 Administrative cases
Article 1 of the Provisions on Patent Grant and Confirmation defines administrative cases involving patent grant and confirmation as:
For the purposes of these Provisions, “administrative case involving the grant of a patent” means a case in which a patent applicant files a lawsuit with the people’s court against a decision on a patent reexamination request made by the patent administrative department of the State Council.
For the purposes of these Provisions, “an administrative case involving the confirmation of a patent” means a case in which a patentee or a person requesting the declaration of invalidation of a patent, files a lawsuit with the people’s court against a decision on the examination of a request for declaring the invalidation of a patent made by the patent administrative department of the State Council.
For the purposes of these Provisions, “the accused decision” means a decision made by the patent administrative department of the State Council with respect to a request for declaring the invalidation of a patent or a request for reexamination.
Article 44 paragraph 1, Article 53, and Article 65 paragraph 2 of the Rules for the Implementation of the Patent Law specify that the relevant provisions based on which a patent application is rejected or a patent declared invalid are those of the substantive laws involved in the administrative cases involving patent grant and confirmation.
The people’s courts hear cases involving patent grant and confirmation in accordance with the Patent Law, the Rules for the Implementation of the Patent Law, and the Provisions on Patent Grant and Confirmation. The Guidelines for Patent Examination are administrative regulations and may be referred to when people’s courts hear administrative cases involving patent grant and confirmation according to Article 63 paragraph 3 of the Administrative Procedure Law. When people’s courts hear administrative cases involving patent grant and confirmation, the procedural issues refer to the provisions of the Administrative Procedure Law and relevant judicial interpretations.