What if the patent right is invalid?

According to the provisions of China's Patent Law, any unit or individual may request the Patent Reexamination Board to declare a patent that does not conform to the relevant provisions of the Patent Law invalid from the date of the announcement of authorization.

The claimant needs to file a request for invalidation, detailing the reasons for the invalidation of various rights; The patentee makes a reasoned rebuttal against the reasons put forward by the claimant, and may modify the patent claim accordingly.

Possible results: ① The patentee is supported and the patent right is still valid; (2) If the claimant is supported, the patent right is partially or completely invalid, and the patentee refuses to accept it, he may bring a lawsuit to the court.

Note: the cases of patent invalidation are a few acts, most of which occur when the enterprise patent is declared invalid by the market competitors, and if one's technology has the licensing conditions of novelty and creativity, it will not be declared invalid by the other party in most cases; Therefore, ordinary scientific researchers need not worry too much about patent application and patent protection.