Legal analysis: After the patent right was granted and announced by the patent administration department of the State Council, any unit or individual who thinks that the patent right is not in conformity with the Patent Law of People's Republic of China (PRC) may request the the State Council Patent Reexamination Board to declare the announced patent invalid from the date of announcement. 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 does not grant a patent right to inventions that violate national laws, social ethics or harm public interests. In fact, if 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.