Legal analysis: According to Article 64 of the Detailed Rules for the Implementation of the Patent Law of People's Republic of China (PRC), the circumstances that lead to the invalidation of the patent right include the following aspects: 1, the subject does not meet the conditions for granting a patent, 2, the illegal situation in the patent application, 3, the violation of the mandatory provisions of the law, and 4, repeated authorization. The so-called patent invalidation refers to the act that after the patent right is granted, it is found that it does not meet the conditions for granting the patent right in the Patent Law and its implementing rules, and it is declared invalid after reexamination and confirmation by the Patent Reexamination Board. An invalid patent right is regarded as nonexistent from the beginning. According to Article 64 of the Detailed Rules for the Implementation of the Patent Law of People's Republic of China (PRC), the "cause of request for invalidation" of the patent right is the "situation" that leads to the invalidation of the patent right, including the following aspects: 1, the subject does not meet the conditions for granting the patent, 2, the illegal situation in the patent application, 3, the violation of the mandatory provisions of the law, and 4, the repeated authorization. According to the provisions of Article 45 of the Patent Law, any unit or individual may request the Patent Reexamination Board to declare the patent right invalid if it thinks that the grant of the patent right is not in conformity with the relevant provisions of this Law from the date when the patent administrative department of the State Council announces the grant of the patent right. Article 46 stipulates that the Patent Reexamination Board shall promptly examine the request for invalidation of the patent right and make a decision, and notify the requester and the patentee. The decision to declare the patent right invalid shall be registered and announced by the patent administration department of the State Council. 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 people's court shall notify the other party to the procedure for requesting invalidation to participate in the proceedings as a third party.
Legal basis: People's Republic of China (PRC) Patent Law.
Article 45 From the date when the patent administrative department of the State Council announced the grant of the patent right, any unit or individual may request the Patent Reexamination Board to declare the patent right invalid if it considers that the grant of the patent right is not in conformity with the relevant provisions of this Law.
Article 46 The Patent Reexamination Board shall promptly examine the request for invalidation of the patent right and make a decision, and notify the requester and the patentee. The decision to declare the patent right invalid shall be registered and announced by the patent administration department of the State Council. 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 people's court shall notify the other party to the procedure for requesting invalidation to participate in the proceedings as a third party.