Under what circumstances will a patent become invalid?

If the product did exist in the market a year ago, the design patent can be declared invalid through the invalidation procedure. The other party used the patent to complain to other manufacturers, and other manufacturers solved the crisis through patent invalidation. How invalid, you can entrust a patent agency to deal with it. According to the provisions of Article 68 of the Detailed Rules for the Implementation of the Patent Law, in the process of examining the request for invalidation, the patentee of the invention patent or utility model patent may modify its claim, but shall not expand the scope of protection of the original patent. Can not be expanded, but can be reduced, and the change of obligee is limited to creditor's rights, and the change of creditor's rights is generally limited to the deletion, merger and deletion of creditor's rights. If your first independent claim is invalid, you can delete it. As for the method claim, although the claim is cited, it is still an independent claim. Even if the independent claim 1 is invalid, the claim of this installation method can still exist effectively as an independent claim after you modify and delete it. The patent is invalid because. The patent application documents do not meet the requirements of preliminary examination.

When applying for a patent for invention or utility model, the patent applicant must submit five documents, including the request, specification, patent claim, drawings and abstract. After accepting the patent application, China National Intellectual Property Administration will conduct a preliminary examination or a formal examination. It mainly includes: whether the application procedures are complete, whether the documents are complete, whether the instructions comply with the provisions of the patent law, whether the identity of the applicant meets the requirements of the patent law, whether the invention theme belongs to the scope of patent protection, whether the application fee has been paid, etc. If the above matters do not meet the requirements, the applicant shall be required to make corrections within a specified time limit. If the applicant fails to make corrections within the time limit, his application shall be deemed to be withdrawn. If it still does not meet the requirements of the patent law after correction, it shall be rejected. No matter whether the patent application is deemed to be withdrawn or rejected, it is an invalid patent. The reason for "invalid" is that one of several items, such as the format of the instructions and the identity of the applicant, may not meet the requirements. The preliminary examination does not involve the application content, so most of these invalid patents can be used for reference and have certain application value. After the publication of the application, the patent applicant withdraws or abandons the system of "early disclosure and delayed examination" implemented by China Patent Law. After preliminary examination, China National Intellectual Property Administration thinks that the application for a patent for this invention conforms to the provisions of the Patent Law. After 65,438+08 months from the date of filing, the applicant's invention was published immediately, and the application content (abstract) was published through the Bulletin of Invention Patent, and the application for invention patent was also published. After the publication of a patent application, it will not immediately enter the substantive examination procedure, but the applicant will decide whether to request substantive examination within the statutory time limit. During this period, if the applicant does not request substantive examination, the application will be regarded as withdrawn or abandoned and become an invalid patent. This is because the application for a patent for invention has passed the preliminary examination, but it does not mean that the application will eventually be authorized. It just means that the content and form of the application meet the requirements of the patent application, but it does not mean that the content of the application meets the requirements of authorization. This kind of invalid patent has certain development value, but if it is not taken seriously, it will easily lead to intellectual property disputes. Therefore, when developing and utilizing, we must first check the novelty and then consider it after confirmation.