1. What are the reasons why the patent application is invalid?
The main reasons why the patent application is invalid are as follows:
1. The invention patent or utility model patent application granted with patent right is not novel, creative or practical;
2. The application for a patent for design that has been granted a patent right is an existing design, and there is no obvious difference or conflict with the prior legal right;
3. The patented invention patent or utility model patent is not a new technical scheme, and the patented design patent application does not have aesthetic feeling or is not a new design;
4. The invention patent or utility model patent that has been granted the patent right is applied for in a foreign country without confidentiality review;
5. The application documents for the invention patent or utility model patent granted the patent right are unclear, incomplete and impossible to realize, and the claim is not based on instructions, clear and concise;
6. The patented design patent does not clearly show the product to be protected;
7. The modification of the patent application documents is beyond the scope of the original application documents;
8. The independent claim does not reflect the technical scheme of the invention patent or utility model as a whole, but records the necessary technical features for solving technical problems;
9. The documents of the divisional application are beyond the scope recorded in the original application;
10, the invention patent creation violates national laws, social morality or harms public interests;
1 1, which is not within the scope of patent authorization, violates the provisions of Article 25 of the Patent Law.
Second, the legal consequences of invalid patent
The legal consequence of invalid patent right is that the invalid patent right is regarded as nonexistent from the beginning. Anyone who refuses to accept the decision of the Patent Reexamination Board to declare the patent right invalid or maintain the patent right may bring a lawsuit to the people's court within three months from the date of receiving the notice.
The decision to declare the patent right invalid has no retrospective effect on the judgments and rulings of patent infringement made and executed by the people's court before the patent right is declared invalid, the decisions on handling patent infringement disputes that have been performed or executed, and the patent licensing contracts and patent transfer contracts that have been performed. However, if the patentee's malice causes losses to others, it shall make compensation.
It can be seen that the legal consequences of declaring a patent invalid are quite serious. For patent applicants, it is necessary to do a good job in the preliminary work of patent application, such as patent literature inquiry, novelty retrieval, market research and so on.
I hope I can help you adopt it.