Legal subjectivity:
The main causes of patent invalidation are the following situations: (1) The patent application documents do not meet the preliminary examination requirements. After accepting a patent application, the State Intellectual Property Office must check whether the application procedures are complete, whether the documents are complete, whether the description complies with the provisions of the patent law, whether the identity of the applicant meets the requirements of the patent law, whether the subject matter of the invention falls within the scope of protection of the patent law, and whether The application fee has been paid for preliminary review. If any of the above items does not meet the requirements, the applicant will be required to make corrections within the specified period. If the applicant fails to make corrections within the time limit, his or her application will be deemed withdrawn. If the application still does not meet the requirements of the Patent Law after correction, it will be rejected. Whether the patent application is "deemed withdrawn" or "rejected", it becomes an invalid patent. (2) The patent applicant withdraws the application after it is published. After preliminary examination, the State Intellectual Property Office believes that the invention patent application complies with the provisions of the Patent Law, and will announce the applicant's invention immediately. The applicant should request substantive examination within the statutory period. If the applicant does not request substantive examination, the application will be deemed to have been withdrawn and become an invalid patent. (3) The patent applicant fails to respond within the time limit without justifiable reasons. If the State Intellectual Property Office determines that the invention patent does not comply with the provisions of the Patent Law after conducting a substantive examination, it will notify the applicant and require it to state its opinions within a specified time limit or make modifications to its application. If the applicant fails to respond within the time limit without justifiable reasons, it will be deemed to have been withdrawn and the patent will become invalid. (4) Failure to apply for patent protection in my country. Patent rights are territorial, and patent rights granted by a country can only be supported and protected within the jurisdiction of that country's laws. If a foreign patent does not apply for patent protection in China within one year, it will not be protected by China's patent law, and the patent will become an invalid patent in China. Article 45 of the Patent Law: From the date when the patent administration department of the State Council announces the grant of a patent right, any unit or individual that believes that the grant of the patent right does not comply with the relevant provisions of this Law may request the Patent Reexamination Board to declare the patent right invalid. . Article 46 The Patent Reexamination Board shall promptly review and make a decision on a request to declare the patent right invalid, and notify the requester and the patentee. The decision to declare the patent right invalid shall be registered and announced by the patent administration department of the State Council. Anyone who is dissatisfied with the decision of the Patent Reexamination Board to declare the patent right invalid or to maintain the patent right may file a lawsuit in the People's Court within three months from the date of receipt of the notice. The people's court shall notify the other party in the invalidation request procedure to participate in the litigation as a third party. Article 47 A patent right declared invalid shall be deemed to have ceased to exist from the beginning. The decision to declare the patent right invalid, the judgment and mediation letter on patent infringement made by the People's Court and executed before the declaration of the invalidity of the patent right, the decision on settlement of patent infringement disputes that has been executed or enforced, and the executed patent implementation license contract and Patent rights transfer contracts do not have retroactive effect. However, compensation should be provided for losses caused to others due to the bad faith of the patentee. If the patent infringement compensation, patent royalties, and patent rights transfer fees are not returned in accordance with the provisions of the preceding paragraph, which obviously violates the principle of fairness, all or part of the compensation shall be returned.