Legal analysis: The circumstances under which a request for patent invalidation is made are:
1. The subject matter does not meet the conditions for patent grant, including: the subject matter of the invention or utility model does not possess novelty, inventiveness or Practicality; the subject matter of the design patent is not novel or conflicts with the legal rights previously obtained by others.
2. Illegal situations in patent application: the description does not fully disclose the invention or utility model; the claims of the authorized patent are not based on the description; the modification of the patent application document exceeds the prescribed scope; the patent right The subject matter does not meet the definition of invention, utility model or design; the principle of negotiation and authorization for simultaneous applications; the claims of the authorized patent are unclear, not concise or lack the necessary technical features to solve its technical problems.
3. Violations of mandatory provisions of the law, including: violations of national laws, social ethics, or harm to public interests; scientific discoveries and other situations where patent rights are not granted by law.
4. The situation of repeated authorization: If two or more applicants apply for patents for the same invention and creation, the patent right is granted to the first person to apply, that is, an invention and creation is only granted to one person (the first person to apply for a patent). The applicant) is granted a patent right. Inventions, utility models and designs cannot obtain patent rights under the above circumstances. If patent rights have been obtained, they can be declared invalid.
Legal basis: "Patent Law of the People's Republic of China"
Article 5 No patent shall be granted for inventions and creations that violate the law, social ethics or harm the interests of the public patent.
Article 22 Inventions and utility models for which patent rights are granted shall possess novelty, creativity and practicality.
Novelty means that the invention or utility model does not belong to the existing technology; no unit or individual has applied for the same invention or utility model to the patent administration department of the State Council before the application date, and It shall be recorded in patent application documents or published patent documents published after the filing date.
Creativity means that compared with the existing technology, the invention has outstanding substantive features and significant progress, and the utility model has substantive features and progress.
Practiceability means that the invention or utility model can be manufactured or used and can produce positive effects.
The term “existing technology” as used in this Law refers to the technology that was known to the public abroad before the filing date.