As we all know, domestic utility model patents and appearance patents are not examined in substance, and whether they are stable after authorization is still a problem; Even the invention patent will be unstable, because the contrast documents cited by the examiner in the examination are not necessarily the closest existing technology. The patentee can further confirm the stability of his patent by declaring his patent invalid, so as to improve the winning rate of infringement litigation.
Secondly, you can achieve the effect of "one thing is no longer reasonable" by invalidating your patent.
According to the second paragraph of Article 66 of the Detailed Rules for the Implementation of the Patent Law, if the Patent Reexamination Board requests invalidation on the same grounds and evidence after making a decision on the request for invalidation, the Patent Reexamination Board will not accept it.
According to this law, if the patentee fails to declare his patent invalid, it will have the effect of "in any case" in the subsequent invalidation procedure, so other claimants cannot request invalidation with the same reasons and evidence, and must find new evidence or reasons, which will play a role in preventing others from requesting invalidation of the patent to a certain extent, making it difficult for subsequent claimants to request invalidation.
Third, we can modify the claims by invalidating our own patents, so as to improve the stability of patents.
Article 69 of the Detailed Rules for the Implementation of the Patent Law stipulates that in the process of examining the request for invalidation, the patentee of a patent for invention or utility model may amend its claim, but shall not expand the scope of protection of the original patent. The patentee of a patent for invention or utility model shall not modify the patent specification and drawings, and the patentee of a patent for design shall not modify the pictures, photographs and brief descriptions.
According to this law, the patentee can modify the patent claim in the process of invalidation, so when the patentee invalidates his own patent, he can take the initiative to modify the claim with defects (unclear or unsupported at that time), so as to improve the stability of the patent claim and avoid being easily invalidated by competitors. However, the way for the patentee to modify the claim is to delete, merge the claim or delete the technical scheme.