What Is the Oral Stage?

For oral trials, in the invalidation procedure, the parties concerned can submit a request to the Patent Reexamination Board for an oral trial and explain the reasons.

Oral hearing

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For oral trials, in the invalidation procedure, the parties concerned can submit a request to the Patent Reexamination Board for an oral trial and explain the reasons.

Chinese name

Oral hearing

Foreign name

oral hearing

Request method

Written

Pinyin

kou tou shen li

In the invalidation procedure, the parties concerned may submit a request to the Patent Reexamination Board for an oral hearing and explain the reasons. The request should be made in writing.

The parties to the invalidation procedure may request an oral hearing on the following grounds:

(1) One party requires cross-examination and debate in person.

(2) The facts need to be explained to the collegial panel.

(3) Need physical demonstration.

(4) Witnesses who have given testimony are required to testify in court.

In the case of an invalid declaration case that has not yet been heard orally, before the Patent Reexamination Board receives a written request from the parties based on the above reasons, the collegial panel shall agree to an oral hearing.

During the reexamination procedure, the requester of the reexamination may submit a request for an oral hearing to the Patent Reexamination Board, and explain the reasons. The request should be made in writing.

An applicant for review may request an oral hearing on the following grounds:

(1) It is necessary to explain the facts or state the reason to the collegial panel.

(2) Need physical demonstration.

If the requester for review reviews submits an oral trial request, the collegial panel shall decide whether to conduct an oral trial according to the specific circumstances of the case.

In the invalidation procedure or review procedure, the collegial panel may decide to conduct an oral hearing on its own as the case requires. If an oral trial has been conducted in the same case, the oral trial may be conducted again if necessary.

With the approval of the chairperson or deputy chairperson, the Patent Reexamination Board may conduct a verbal oral trial, handle the case in situ, and bear the necessary expenses.

4. Preparation before oral hearing

Before the oral hearing begins, the collegial panel shall complete the following tasks:

(1) Transfer the relevant documents submitted by the parties in the invalidation procedure to the other party.

(2) Read and study the file, understand the case, master the focus of the dispute and the main issues that need to be investigated and debated.

(3) Hold the collegiate group meeting before the oral hearing, study and determine the division of labor of the collegial group members in the oral hearing, the order and content of the investigation, the issues that should be focused on, and the various situations and solutions that may occur during the oral hearing .

(4) Prepare necessary documents.

(5) Two days before the oral hearing, the relevant information of the oral hearing shall be announced (except when the oral hearing is not conducted in public).

(6) Preparation for oral affairs.

5.1 Oral Trial Phase I

Before the oral hearing begins, the collegial panel shall check the identity documents of the persons participating in the oral hearing and confirm whether they are qualified to participate in the oral hearing.

The leader of the collegial panel for oral hearing presided over. After the collegial panel leader announces the commencement of the oral hearing, the members of the collegial panel will be introduced; the parties will introduce the persons attending the oral hearing. If both parties appear in court, they should also ask the parties if they have any objection to the qualifications of the other person; Rights and obligations; ask the parties whether to ask the investigators to evade, whether to ask witnesses to testify and request to show physical evidence.

In oral proceedings involving both parties, the parties should also be asked if they have a desire for reconciliation. If both parties have a desire for reconciliation and want to negotiate in court, the oral hearing shall be suspended; if there are minor differences in the terms of reconciliation, the oral hearing may be suspended; if the differences in the terms of reconciliation between the two parties are difficult to reach a settlement agreement within a short time, or any party If there is no desire for reconciliation, the oral hearing continues.

5.2 Second stage of oral hearing

Before conducting an oral investigation, if necessary, members of the collegial panel will briefly introduce the case. Then, an oral investigation was started.

In the oral trial of the invalidation procedure, the requester of the invalidation statement first states the scope of the request for invalidation and the reasons therefor, and briefly states the relevant facts and evidence before the patentee makes the defense. Thereafter, the collegial panel will check the scope and grounds of the request for invalidation of the case and the evidence submitted by the parties to determine the scope of the oral trial. If the parties add reasons or supplementary evidence in court, the collegial panel shall determine whether the reasons or evidence are considered according to relevant regulations. If it decides to consider it, the collegial panel shall grant the right of the other party who has learned the reasons for the first time or received the evidence to choose to reply orally in court or later in writing. Then, the requester of invalidation shall give evidence on the reasons for invalidation and the facts and evidence on which it is based, and then the patentee shall conduct cross-examination. If necessary, the patentee may file a counter-proof and the other party shall conduct cross-examination. Where there are multiple reasons for invalidation, facts or evidence to be proved, the parties may be required to provide evidence and cross-examination one by one according to the reasons for invalidation and facts to be proved.

In the oral hearing of the review process, after the collegial panel informed the matter of the request for the review of the population, the requester of the review made a statement. Where the requester for review reviews submits a revised text in court, the collegial panel shall review whether the revised text complies with the relevant provisions of the Patent Law, its implementing rules and examination guidelines.

During the oral trial investigation, in order to fully and objectively ascertain the facts of the case, members of the collegial panel may ask the parties or witnesses about the relevant facts and evidence, and may also ask the parties or witnesses to explain. Questions should be fair, objective, specific and clear.

5.3 Third stage of oral hearing

After an oral investigation investigation of the invalidation procedure, an oral hearing debate is held. In the case where the parties have no dispute over the evidence and facts of the case, the parties may directly conduct oral trials and debates on the basis of the parties' confirmation of the evidence and facts. The parties concerned shall state their opinions and debate on the facts, disputed issues and applicable laws and regulations indicated by the evidence. During the oral hearing of the debate, members of the collegial panel may ask questions, but may not express their own opinions or debate with any party. During the oral hearing debate, if the parties again submit facts or evidence that have been submitted in advance but have not been investigated, the leader of the collegial panel may announce the suspension of the debate and resume the oral investigation. After the investigation, the oral trial debate continued.

After the arguments of both parties have been expressed, the leader of the collegial panel announces the end of the debate, and the parties make a final opinion statement. When making the final opinion statement, the invalidation requester may insist on the original invalidation request, or may withdraw the invalidation request, may also abandon some of the reasons and corresponding evidence of the invalidation request, or narrow the scope of the invalidation request; the patentee It may insist on rejecting the invalidation request of the invalidation requester, or it may declare to narrow the scope of patent protection or waive part of the claims. Since then, the settlement has been handled again in the aforementioned manner.

After the oral review investigation of the review process, the collegial panel may issue a biased opinion on the relevant issues, and if necessary, inform the request for review of the specific facts, reasons and evidence that it believes that the patent application does not comply with the relevant provisions of the Patent Law and its implementing rules and examination guidelines. And hear the opinions of the requesting reviewer.