What are the situations in which patent invalidation is not accepted?

Hello,

The reason for the request for invalidation refers to that the invention-creation granted a patent has one of the following circumstances:

(1) An application for a patent for invention or utility model granted with 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.

The request for invalidation shall not be accepted under the following three circumstances:

1. The request for invalidation is not directed at the patent that has been announced and authorized, and will not be accepted. The requester may make a request for invalidation for the patent that has been terminated or abandoned;

2. Where the patent right requesting invalidation has been declared invalid by the Patent Reexamination Board in examining the effective decision of the request for invalidation, it shall not be accepted. After the decision of the Patent Reexamination Board to declare part of the patent right invalid comes into effect, the claimant may make a request for invalidation of the right maintained by the decision;

3. Where the patentee makes a request for invalidation of the patent right, the request for invalidation of the patent right is completely invalid, the evidence submitted has not been published publicly, or if the claimant is not all the patentees who enjoy the patent right, it will not be accepted.

I hope I can help you adopt it.