How to apply for patent invalidation: From the date when the patent administration department of the State Council announces the grant of patent rights, if you believe that the granted patent does not meet the conditions, you can provide relevant materials that prove that the patent does not meet the conditions and request the State Council The patent administration department declared the patent invalid.
Legal basis
Article 2 of the Patent Law of the People's Republic of China
Inventions and creations as mentioned in this law refer to inventions and utility models and appearance design.
Invention refers to a new technical solution proposed for a product, method or improvement thereof.
Utility model refers to a new technical solution proposed for the shape, structure or combination of a product that is suitable for practical use.
Appearance design refers to a new design that is aesthetically pleasing and suitable for industrial application, based on the overall or partial shape, pattern, or combination of the product, as well as the combination of color, shape, and pattern.
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.