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According to article 45 of the PRC Patent Law, starting from the date of the announcement of the grant of the patent right, any entity or individual who considers that the grant of the said patent right is not in conformity with the relevant provisions of this Law, may request the Patent Reexamination Board to declare the patent right invalid
Pursuant to article 46, the Patent Reexamination Board shall promptly review the request, make a decision on it, and notify the requester and patentee. The decision declaring the patent right invalid shall be registered and announced by the patent administration department under the State Council.
Upon the Patent Reexamination Board declaring the patent right invalid or the decision upholding against the patent right, the party can take the dispute to the People’s Court within three months from the date of receipt of the notification. The People's Court shall notify the interested parties to the invalidation procedure to participate in the proceedings.
Pursuant to the paragraph 1 of article 47, any patent right which has been declared invalid is treated as non-existent from the beginning.