Legal basis: People's Republic of China (PRC) Patent Law.
Article 2 Inventions and creations mentioned in this Law refer to inventions, utility models and designs.
Article 22 An invention or utility model that has been granted a patent right shall be novel, creative and practical.
Article 45 From the date when the patent administration department in the State Council announced the grant of the patent right, if any unit or individual thinks that the grant of the patent right is not in conformity with the relevant provisions of this Law, it may request the patent administration department in the State Council to declare the patent right invalid.