A patent can be declared invalid regardless of whether it is during the publicity period. You cannot use a Chinese patent to declare a U.S. patent invalid, nor can you use a U.S. patent to declare a Chinese patent invalid. Instead, evidence must be provided to prove that the patent is invalid. Qualified for patent application.
Post the reasons for requesting invalidation of Chinese patent applications for reference
The reason for not requesting patent rights refers to that the invention-creation for which the patent is granted does not comply with the provisions of the People's Republic of China and the People's Republic of China. The following requirements of the Patent Law:
1. The invention or utility model for which the patent right is granted does not meet the requirements of the Patent Law that "should meet the requirements of novelty, creativity and practicality".
A design that is granted a patent right that does not comply with the Patent Law “should be different from or similar to a design that has been publicly published or publicly used in domestic and foreign publications before the filing date, and must not be similar to the design.” conflict with the legitimate rights and interests previously acquired by others."
2. The invention-creation for which patent rights are granted does not comply with the Patent Law. “The specification shall give a clear and complete description of the invention and utility model, which shall be subject to the ability of technicians in the relevant technical field to realize it; when necessary, it shall There are drawings. The abstract should briefly describe the technical key points of the invention or utility model" and "the claims should be based on the description and explain the scope of patent protection required."
3. The patented invention-creation does not comply with the Patent Law. “Applicants can modify their patent application documents, but modifications to invention and utility model patent application documents must not go beyond the original description and claims. "The scope of design patent application documents shall not be modified beyond the scope represented by the original pictures or photos".
4. The invention-creation for which the patent is granted does not comply with the provisions for inventions, utility models, and designs stipulated in the Implementing Rules of the Patent Law.
5. The invention-creation for which a patent is granted does not comply with the provisions of the Implementing Rules of the Patent Law that "only one right can be granted for the same invention-creation."
6. The claims for inventions and creations for which patent rights are granted do not comply with the Implementing Rules of the Patent Law: "The claims should describe the technical features of the invention or utility model and clearly and briefly state the scope of protection requested." Regulation.
7. The invention-creation for which the patent right is granted does not comply with the provisions of the Implementing Rules of the Patent Law, which stipulate that "the independent claim shall reflect the technical solution of the invention or utility model as a whole and record the necessary technical measures to solve the technical problem."
8. The invention-creation for which the patent right is granted seriously violates national laws, social ethics, and impedes the interests of the public.
9. The inventions and creations for which patent rights are granted belong to "scientific inventions, rules and methods of intellectual activities, methods of diagnosis and treatment of diseases, new varieties of animals and plants, and inventions obtained by nuclear transformation methods" expressly stipulated in the Patent Law. "Substances" are not within the scope of patents.
10. The patentee who is granted the patent right belongs to the later applicant, which violates the Patent Law’s provision that “if two or more applicants apply for patents for the same invention and creation respectively, the patent right shall be granted to the applicant who applied first. "person", that is, the prior applicant has obtained the patent right for the invention, excluding a third party from obtaining the patent right
I hope this can help you, and I hope you will adopt it