What is the reason for the patent office to declare the patent invalid?

There are many reasons for requesting invalidation of a patent. For example, since the patent administration department of the State Council announced the grant of the patent right, any unit or individual may request the patent administration department of the State Council to declare the patent right invalid if it thinks that the grant of the patent right is not in conformity with the relevant provisions of this law; For animal and plant varieties, nuclear transformation methods and substances obtained by nuclear transformation methods, it is also possible to request the invalidation of rights.

legal ground

Article 5 of the Patent Law of People's Republic of China (PRC)

No patent right shall be granted for inventions and creations that violate laws, social morality or harm public interests.

Article 25

No patent right shall be granted to inventions and creations obtained or utilized in violation of laws and administrative regulations and completed by relying on genetic resources.

Article 45

No patent right shall be granted for the following items:

(1) scientific discoveries;

(4) Species of animals and plants;

(5) Nuclear transformation methods and substances obtained by nuclear transformation methods;

(six) the design of the pattern, color or the combination of the two.

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 administration department of the State Council 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.