There are the following types of evidence for patent invalidity:
1. Relevant evidence that can prove that the patented subject matter does not fall within the scope of invention, utility model and design;
2. Relevant evidence that can prove that the invention and utility model granted the patent right does not possess novelty, creativity and practicality;
3. Evidence that other patents are invalid.
Legal Basis
Article 2 of the Patent Law that came into effect on June 1, 2021
Inventions and creations as mentioned in this law refer to inventions, practical applications New style and appearance design.
Article 22
Inventions and utility models for which patent rights are granted shall possess novelty, creativity and practicality.
Article 45
From the date when the patent administration department of the State Council announces the grant of a patent right, if any unit or individual believes that the grant of the patent right does not comply with the relevant provisions of this Law, You can request the patent administration department of the State Council to declare the patent right invalid.