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How to require a registration be declared invalid
Anyone can at any time request that a registration must be declared invalid, if he or she thinks, for example, that the invention is not novel, it does not involve any inventive step, or the description is not that clear that a person skilled in the art could use the invention on the base of it.
The National Board of Patents and Registration (NBPR) informs the proprietor of the utility model right about the request, and he or she has to answer it within three months.
If the proprietor of the registration wants to keep the registration in force, he or she has to oppose the request in writing, otherwise the registration will be declared invalid.
When the proprietor has opposed the request, NBPR examines it and the facts it is based on only in the extent they have been presented. If NBPR finds an obstacle to the registration, it will be declared invalid.
The registration can also be partially declared invalid, if the proprietor, after receiving the request on invalidation, submits new claims that meet the requirements of registration.
If NBPR declares the registration invalid, the proprietor of the registration has an opportunity to file an appeal against the invalidation with the NBPR’s Board of Appeal within 60 days from the receipt of the decision. If the decision of the Board of Appeal also is unfavourable, it can be appealed further to the Supreme Administrative Court within 60 days from the receipt of the decision.
The person who has requested the registration to be declared invalid can, in the same way, appeal against a decision taken by the authorities, if he or she is not satisfied with the decision.