Why is the patent application invalid? What are the reasons why the patent is invalid?
With people's attention to intellectual property rights, more and more companies and individuals will apply for patents for their inventions to obtain legal protection, but not all patent applications will be passed, and some patents are invalid. Today, let's learn the reasons why patent applications are invalid. What are the reasons why the patent is invalid? Why is the patent application invalid? What are the reasons why the patent is invalid? The reason for the request for invalidation of a patent means that the invention-creation granted a patent has one of the following circumstances: (1) The invention patent or utility model patent application granted a 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 patent application for design has no aesthetic feeling or is not a new design; (four) the invention patent or utility model patent that has been granted a patent right has not been examined in a confidential manner, and has applied for a patent in a foreign country; (5) The application documents for the invention patent or utility model patent granted with 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 indicate the product to be protected; (seven) the modification of the patent application documents is beyond the scope recorded in 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; (nine) 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) does not belong to the scope of patent authorization and violates the provisions of Article 25 of the Patent Law. After the Patent Application Reexamination Board accepts the applicant's request for invalidation of the patent application, the applicant may supplement, modify or supplement the evidence within one month from the date of acceptance, and provide new evidence or modify or supplement the original evidence beyond the prescribed one-month period, and the Patent Application Reexamination Board may not consider it. Why is the patent application invalid? What are the reasons why the patent is invalid? We are here to answer this question for you. If you have more questions about patents, you can continue to pay attention to Bajie's intellectual property rights or contact us by phone.