Do foreign patents conflict with domestic patents?

No matter during the publicity period, you can declare the patent invalid, you can't use China's patent to declare American patent invalid, and you can't use American patent to declare China's patent invalid. But can provide evidence to prove that the patent does not have the conditions to apply for a patent.

Post some reasons why China's patent application is invalid for reference.

The reason why the patent right is not requested is that the patented invention-creation does not meet the following requirements of the Patent Law of People's Republic of China (PRC):

1. The invention or utility model for which the patent right is granted does not conform to the provisions of the Patent Law on novelty, creativity and practicality.

The design granted the patent right does not conform to the provisions of the Patent Law that "the design shall be different from or similar to the design publicly published or publicly used in domestic and foreign publications before the application date, and shall not conflict with the lawful rights and interests previously obtained by others".

Second, the invention-creation granted a patent right does not conform to the patent law. "The specification shall give a clear and complete description of the invention and utility model, which shall be subject to the realization of the technical personnel in the technical field; Attached drawings shall be attached when necessary. The technical points of the invention or utility model shall be briefly explained, and the claim shall be based on the specification, indicating the scope of patent protection.

3. The invention-creation granted a patent does not conform to the provisions of the Patent Law that "the applicant may modify his patent application documents, but the modification of the application documents for patents for inventions and utility models shall not exceed the scope recorded in the original specifications and claims, and the modification of the application documents for patents for designs shall not exceed the scope indicated in the original pictures or photographs".

4. The invention-creation granted a patent does not conform to the provisions of the detailed rules for the implementation of the Patent Law on inventions, utility models and designs.

5. The patented invention-creation does not conform to the provisions of the detailed rules for the implementation of the Patent Law that "the same invention-creation can only be granted one right".

6. The patent claim of the invention-creation granted the patent right does not conform to the detailed rules for the implementation of the Patent Law: "The patent claim shall specify the technical features of the invention or utility model and clearly and concisely specify the scope of protection requested".

7. An invention-creation granted a patent right does not conform to the provisions of the Detailed Rules for the Implementation of the Patent Law that an independent claim should reflect the technical scheme of the invention or utility model as a whole and record the necessary technical measures to solve technical problems.

Eight, the invention of the patent right seriously violates the national laws and social ethics, and harms the public interest.

9. Invention-creation granted patent right falls within the scope of "scientific invention, rules and methods of intellectual activities, methods of diagnosis and treatment of diseases, new varieties of animals and plants and substances obtained through nuclear transformation" expressly stipulated in the Patent Law.

X. The patentee who granted the patent right belongs to the later applicant, which violates the Patent Law that "if two or more applicants apply for a patent for the same invention-creation, the patent right shall be granted to the first applicant", that is, the earlier applicant has obtained the invention patent right, which excludes the permission of the third person to obtain the patent right.

I hope I can help you and adopt it.