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专利申请经专利局审查合格予以公告后,经过异议程序,对专利申请没有异议或者经审查异议不成立的,专利局即作出授予专利权的决定。在授予专利权之后,任何单位或个人认为该专利权的授予不符合专利法规定的,都可以请求专利复审委员会宣告该专利权无效。设置无效宣告程序的目的是为了纠正本来不应当获得专利的申请被批准的错误,从而保证专利质量,维护公众利益。专利权无效宣告程序不属于专利审批的范围,而是在专利权产生之后的一种法律程序,并且作为非诉讼案件按照行政程序审
After the patent application has been examined and qualified by the Patent Office for public announcement, after the opposition procedure has been established, the patent application has no objection or the examination objection has not been established, the Patent Office shall make the decision of granting the patent right. After the grant of a patent, any unit or individual considers that the grant of the patent does not comply with the provisions of the Patent Law, and may request the Patent Reexamination Board to declare the patent invalid. The purpose of setting up the invalidation procedure is to correct the mistakes that the application that should not be patented should be approved, so as to ensure the quality of the patent and safeguard the public interests. Patent infringement declaration procedures do not belong to the scope of patent examination and approval, but a legal procedure after the patent right, and as a non-litigation case in accordance with administrative procedures