Legal analysis: Any unit or individual may apply for invalidation of the patent right as long as it thinks that the grant of the patent right does not conform to the provisions of the Patent Law. There are only four situations in which a patent application is invalid: first, the theme does not meet the conditions for patent grant, including: the theme of the invention or utility model is not novel, creative or practical; The theme of the design patent is not novel or conflicts with the legal rights previously obtained by others. 2. Illegal circumstances in the patent application: the description does not fully disclose the invention or utility model; The claim is not based on the specification; The modification of the patent application documents is beyond the prescribed scope; The subject matter of the patent right does not conform to the definition of invention, utility model or design; Principle of consultation authorization for simultaneous application; The granted claim is unclear, not concise or lacks the necessary technical features to solve its technical problems; The third is the violation of the mandatory provisions of the law, including: violation of national laws, social ethics or prejudice to social public interests; Scientific discoveries and other legal provisions do not grant patent rights; Iv. duplicate authorization: if two or more applicants apply for a patent for the same invention-creation, the patent right will be granted to the first applicant, that is, an invention-creation will only be granted to one person. Inventions, utility models and designs cannot be patented under the above circumstances, and those that have been patented may be declared invalid.
Legal basis: Article 44 of the Patent Law of People's Republic of China (PRC) is subject to any of the following circumstances: (1) Failure to pay the annual fee as required; (2) The patentee waives his patent right in writing. Where the patent right is terminated before the expiration of the time limit, it shall be registered and announced by the patent administration department of the State Council.