Invalid patent

The invalidation of patent right refers to the decision to declare the granted patent invalid according to the application of a third party and the examination of the Patent Reexamination Board. After the patent right has been granted, any person or unit may request the Patent Reexamination Board to declare the right invalid in accordance with the patent reexamination procedure. The request shall be written in the prescribed format in duplicate, explaining the reasons and attaching relevant documents when necessary. After receiving the request, the Patent Reexamination Board shall send a copy of the request and relevant documents to the patentee, requesting him to state his opinions within the time limit. After examination, the Patent Reexamination Board shall maintain the patent or declare it invalid, and notify the claimant and the patentee. Anyone who refuses to accept the decision of the Patent Reexamination Board to declare the invention patent invalid or to maintain the right to benefit from the invention may bring a lawsuit to the court within 3 months from the date of receiving the notice. The decision of the Patent Reexamination Board to invalidate or maintain the patent for utility model and the patent for design is final. The invalidation of a patent shall be registered and announced by the Patent Office.

Legal basis:

Article 64 of the Detailed Rules for the Implementation of the Patent Law of People's Republic of China (PRC) "The cause of the request for invalidation of the patent right" refers to the "circumstances" that lead to the invalidation of the patent right, including the following aspects:

1. The theme does not meet the conditions for patent grant, including: the theme of the invention or utility model is not novel, creative or practical; The theme of the design patent is not novel or conflicts with the legal rights previously obtained by others.

2. Illegal situation in the patent application: the description does not fully disclose the invention or utility model; The claim is not based on the specification; The modification of the patent application documents is beyond the prescribed scope; The subject matter of the patent right does not conform to the definition of invention, utility model or design; Principle of consultation authorization for simultaneous application; The claim is unclear, not concise or lacks the necessary technical features to solve its technical problems;

3. Violation of mandatory provisions of the law, including: violation of national laws, social ethics, or circumstances that hinder public interests; Scientific discoveries and other legal provisions do not grant patent rights;

4. Repeated authorization: If two or more applicants apply for a patent for the same invention-creation, the patent right will be granted to the first applicant, that is, an invention-creation will only be granted to one person (the first applicant). Inventions, utility models and designs cannot be patented under the above circumstances, and those that have been patented may be declared invalid.