Some netizens said that utility patents are often invalid or infringed. Didn't you search everything before applying for a patent? Why are these situations still happening? Don't apply for practical new? ...
Patent invalidation is a legal procedure stipulated in the Patent Law of People's Republic of China (PRC) (hereinafter referred to as the Patent Law), which allows anyone (including units and individuals, who must have the qualification of civil subject) to invalidate the authorized patent according to the requirements of laws and regulations. After the patent right is declared invalid according to law, it is equivalent to never being authorized. Therefore, patent invalidation is the main legal means to solve patent infringement disputes, which often plays a fundamental role.
The specific legal basis can be found in Article 45 of the current Patent Law: 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 thinks that the grant of the patent right is not in conformity with the relevant provisions of the Patent Law.