Can the patentee declare his patent invalid?

Article 45 of the current Patent Law: Since the date when the patent administration 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 considers that the grant of the patent right is not in conformity with the relevant provisions of this Law.

Therefore, the patentee can also invalidate his own patent.

The patentee declares his patent invalid for the following purposes:

1, improving the stability of rights and interests

A patent that has gone through the invalidation procedure is equivalent to another examination, so compared with a patent that is still valid after the invalidation procedure, the claim has better stability and higher value. In the later stage, whether it is implemented or licensed, the risk of being invalidated is smaller, which is more conducive to market promotion.

2. Modify the claim

Since the scope of patent protection is fixed after the patent is granted, the patentee has no subsequent procedure to modify the claim. Therefore, if the patentee wants to modify the scope of protection, it can only be achieved by invalidating his own patent. However, there are many restrictions in the modification of invalid programs, which need to be modified in accordance with the prescribed modification methods.

3, involving ownership disputes, crash and burn.

In rare cases, it may be malicious to declare someone's patent invalid. For example, when a patent ownership dispute is involved, the nominal patentee may have the practice of "I can't get it, others can't get it".

4. Other reasons

Economic and social activities are complex and diverse, and the needs of all parties involved are different. For some reasons, the patentee may invalidate his patent right.