Conditions for invalidation of appearance patent

Legal analysis: 1. The invention patent or utility model patent application granted with 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 design patent application does not have aesthetic feeling or is not a new design; 4. The invention patent or utility model patent that has been granted the patent right is applied for in a foreign country without confidentiality review; 5. The application documents for the invention patent or utility model patent granted the 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 show the product to be protected; 7. others.

Legal basis: Article 22 of the Patent Law of People's Republic of China (PRC), the invention and utility model for which a patent is applied shall be novel, creative and practical.

Novelty means that the invention or utility model does not belong to the prior art; Before the filing date, no unit or individual filed an application for the same invention or utility model with the administrative department for patent in the State Council, and it was recorded in the patent application documents published or announced after the filing date.

Creativity means that compared with the prior art, the invention has outstanding substantive features and remarkable progress, and the utility model has substantive features and progress.

Practicality means that the invention or utility model can be manufactured or used and can produce positive effects.

The existing technology mentioned in this law refers to the technology known to the public at home and abroad before the date of application.