What is invalid patent right?

Legal analysis: After the patent right has been granted and announced by the patent administration department of the State Council, any unit or individual may request the the State Council Patent Reexamination Board to declare the announced patent invalid as of the date of announcement if it thinks that the patent right is not in conformity with the Patent Law of People's Republic of China (PRC) and its detailed rules for implementation.

Invalid patent right means that if the patent right has actually been granted, but it violates the patent law, the Patent Reexamination Board may request that the patent right be declared invalid.

Legal basis: Article 5 of the Patent Law of People's Republic of China (PRC) does not grant patent right to inventions that violate national laws, social morality or hinder public interests; If in fact China National Intellectual Property Administration grants a patent right to an invention that violates the statutory conditions, any unit or individual may request the Patent Reexamination Board to declare the patent right invalid.