The reasons for requesting invalidation of the patent right belong to scientific discoveries that should not be granted patent rights, rules and methods of intellectual activities, etc. Lacking novelty, creativity or practicality; Violation of state laws, social ethics or damage to public interests.
Legal objectivity:
Reasons for invalidation of patent right: 1. The invention-creation does not meet the substantive conditions for granting the patent right. An invention-creation that can be granted a patent right must meet the substantive conditions for granting a patent right. Inventions and utility models that have been granted patent rights are not novel, creative and practical; Where the design granted a patent right is not novel and creative, and conflicts with the prior rights of others, it may request that the patent right be declared invalid. Prior rights include trademark right, copyright right, enterprise name right, portrait right, unique packaging or decoration use right of well-known goods, etc. Where a patent design is requested to declare the patent right for a design invalid on the grounds that it conflicts with the legal rights previously obtained by others, an effective judgment or ruling that can prove the conflict of rights shall be submitted. Second, the invention does not meet the statutory conditions. Article 5 of China's Patent Law stipulates that "no patent right shall be granted for inventions and creations that violate national laws, social morality or harm public interests." If in fact China National Intellectual Property Administration grants a patent right to an invention that violates the statutory conditions, any unit or individual may request the Patent Reexamination Board to declare the patent right invalid. 3. Invention-creation belongs to the field where patent right is not granted as stipulated in the Patent Law, that is, the invention-creation with patent right belongs to scientific discovery as stipulated in Article 25 of the Patent Law; Rules and methods of intellectual activities; Diagnosis and treatment of diseases; Animal and plant varieties; The materials and designs obtained by nuclear transformation method are mainly used to mark the pattern, color or the combination of the two in plane printed matter. Four. The writing of patent documents does not meet the statutory requirements. There are two main situations in which patent documents do not meet the statutory requirements: one is that the description of the invention or utility model for which a patent is applied does not give a clear and complete description of the invention or utility model, which makes it impossible for ordinary technicians in their technical fields to realize it; The other is that the modification or divisional application of the patent application document for a patent invention or utility model is beyond the scope of the original specification and claims; The modification of the application document for a patent for design is beyond the scope of the original picture or photograph. Five, the subject of the patent right is illegal, that is, it violates the principle of first application stipulated in Article 9 of the Patent Law, and then the applicant obtains the patent right for the same invention-creation.