After the invention-creation is granted a patent right, any unit or individual may apply for invalidation of the patent right if it finds that it does not conform to the relevant provisions of the Patent Law from the date of patent authorization. To request invalidation of a patent, an application and relevant documents must be submitted to the Patent Reexamination Board in accordance with the law, and the reasons must be explained. If the Patent Reexamination Board considers that the request complies with the law, it shall make a decision to declare the patent invalid or maintain the patent right in accordance with legal procedures. If a party refuses to accept it, he may bring a lawsuit according to law. In order to reduce the workload, smart people take pains to study methods and means, which can be described as the crystallization of their wisdom and sweat. This achievement should be protected, and this is the role of patents. Protect the fruits of their labor, on the other hand, encourage them to continue to invent and create, reduce the labor force and improve work efficiency.
Legal objectivity:
PatentRight, referred to as "patent" for short, is a kind of intellectual property, which is the exclusive right of the inventor or his assignee to exploit a specific invention within a certain period of time. China promulgated the Patent Law on 1984, and the detailed rules for its implementation on 1985, which made specific provisions on related matters. According to the provisions of China's patent law, the termination of patent rights can be divided into termination at the expiration of the time limit and termination before the expiration of the time limit. (1) The invention patent right shall be terminated after 20 years from the date of application. (2) The patent right for utility model and design shall expire after 10 years from the date of application. 2. In any of the following circumstances, the patent right shall be terminated before the expiration of the term: (1) Failing to pay the annual fee as required; (2) The patentee waives his patent right in writing. Where the patent right is terminated before the expiration of the time limit, it shall be registered and announced by the patent administration department of the State Council.