Legal analysis
1. Request for invalidation: The request for invalidation shall indicate the scope of the request for invalidation. If it is unclear, the Patent Reexamination Board shall notify the claimant to make corrections within a specified time limit; If no correction is made at the expiration of the time limit, the request for invalidation shall be deemed not to have been made. If the reasons for invalidation do not belong to the relevant provisions, it will not be accepted. 2. Evidence: The claimant shall explain the reasons for the invalidation. If evidence is submitted, it shall be explained in combination with all the evidence submitted. Where a patent for invention or utility model requires comparison of technical schemes, the patent involved and related technical schemes shall be specifically described in the comparison document, and comparative analysis shall be made; Where it is necessary to compare the design patents, the product design represented by the patents involved and the relevant pictures or photographs in the comparison documents shall be described and compared in detail.
legal ground
The patent right declared invalid in Article 47 of the Patent Law of People's Republic of China (PRC) shall be deemed as nonexistent from the beginning. The decision to declare the patent right invalid has no retrospective effect on the patent infringement judgments and conciliation statements made and executed by the people's court before the patent right was declared invalid, the decisions on handling patent infringement disputes that have been performed or executed, and the patent licensing contracts and patent transfer contracts that have been performed. However, if the patentee's malice causes losses to others, it shall make compensation. If the patent infringement compensation, patent exploitation fee and patent transfer fee are not returned in accordance with the provisions of the preceding paragraph, which obviously violates the principle of fairness, they shall be returned in whole or in part.