Legal analysis: After the patent right has been granted and announced by the patent administrative department of the State Council, any unit or individual may request the the State Council Patent Management Committee to declare the patent invalid from the date of announcement. The invalidation of the patent right shall be made by the Patent Reexamination Board and registered and announced by the patent administration department of the State Council. The applicant shall file a written application for invalidation of the patent right with the the State Council Patent Reexamination Board, and attach relevant evidence in duplicate. The application shall specify the reasons for invalidation and indicate the evidence on which each reason is based. Payment of application fee for invalid request: the application fee shall be paid within one month from the date of application. The application fee for invalidation of the invention patent right is 3000 yuan; Fee for invalidation of utility model patent right 1500 yuan; Fee for invalidation of design patent right 1500 yuan.
Legal basis: Article 45 of the Patent Law of People's Republic of China (PRC). Since the date when the patent administrative department of the State Council announced the grant of the patent right, any unit or individual may request the Patent Reexamination Board to declare the patent right invalid if it considers that the grant of the patent right is not in conformity with the relevant provisions of this Law.
Article 65 of the Detailed Rules for the Implementation of the Patent Law of People's Republic of China (PRC). According to the provisions of Article 48 of the Patent Law, if a request for invalidation of the patent right is made, it shall submit a written request to the Patent Reexamination Board, explain the reasons and attach relevant documents when necessary. The request for invalidation and relevant documents shall be made in duplicate.