1, yes. The acquisition of patent right goes through two procedures: patent application and patent examination and approval. Patents cannot be obtained automatically. You must go through the patent application procedures, submit the necessary application documents to the State Patent Office, and go through the legal examination and approval procedures before deciding whether to grant the patent right. 2. Article 45 of the Patent Law. From 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.
Legal objectivity:
Article 22 of the Patent Law of People's Republic of China (PRC) (202 1.6. 1 comes into force) Inventions and utility models granted patent rights shall be novel, creative and practical. Novelty means that the invention or utility model does not belong to the prior art; Before the filing date, no unit or individual filed an application for the same invention or utility model with the administrative department for patent in the State Council, and it was recorded in the patent application documents published or announced after the filing date. Creativity means that compared with the prior art, the invention has outstanding substantive features and remarkable progress, and the utility model has substantive features and progress. Practicality means that the invention or utility model can be manufactured or used and can produce positive effects. The existing technology mentioned in this law refers to the technology known to the public at home and abroad before the date of application.