If the complaint is unsuccessful, you can of course continue to buy. If the complaint is filed, the application for cancellation of the complaint is unsuccessful, and the product can no longer be sold.
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The invalidation of the patent right shall be made by the Patent Reexamination Board and registered and announced by the patent administration department of the State Council. The applicant shall file a written application for invalidation of the patent right with the the State Council Patent Reexamination Board, and attach relevant evidence in duplicate. The application shall specify the reasons for invalidation and indicate the evidence on which each reason is based.
The reason for the request for invalidation refers to that the invention-creation granted a patent has one of the following circumstances:
(1) An application for a patent for invention or utility model granted with a patent right is not novel, creative or practical;
(2) The application for a patent for design that has been granted a patent right is an existing design, and there is no obvious difference or conflict with the prior legal right;
(3) The patented invention patent or utility model patent is not a new technical scheme, and the patented patent application for design has no aesthetic feeling or is not a new design;
(four) the invention patent or utility model patent that has been granted a patent right has not been examined in a confidential manner, and has applied for a patent in a foreign country;
(5) The application documents for the invention patent or utility model patent granted with patent right are unclear, incomplete and impossible to realize, and the claim is not based on instructions, clear and concise;
(6) The patented design patent does not clearly indicate the product to be protected;
(seven) the modification of the patent application documents is beyond the scope recorded in the original application documents;
(8) The independent claim does not reflect the technical scheme of the invention patent or utility model as a whole, but records the necessary technical features for solving technical problems;
(nine) the documents of the divisional application are beyond the scope recorded in the original application;
(10) The invention patent creation violates national laws, social morality or harms public interests;
(1 1) does not belong to the scope of patent authorization and violates the provisions of Article 25 of the Patent Law.
After the Patent Application Reexamination Board accepts the applicant's request for invalidation of the patent application, the applicant may supplement, modify or supplement the evidence within one month from the date of acceptance, and provide new evidence or modify or supplement the original evidence beyond the prescribed one-month period, and the Patent Application Reexamination Board may not consider it.