What are the situations of invalid patent examination?

The patent application is invalid in the following cases:

1, the applicant does not have the qualification to apply or full capacity for civil conduct;

2. Inventions and utility models for which patent rights are applied are not novel, creative and practical;

3. The application materials are incomplete, illegal and untrue;

4. The application procedure is illegal;

5. Other circumstances.

legal ground

Article 45 of the Patent Law of People's Republic of China (PRC)

Since the date when the patent administration department of the State Council announced the grant of the patent right, any unit or individual may request the patent administration department of the State Council 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 22

Inventions and utility models granted patent rights should be novel, creative and practical.

Article 26

To apply for a patent for invention or utility model, a written request, a specification, an abstract thereof, a patent claim and other documents shall be submitted.

Article 27

To apply for a patent for design, a request, a picture or photograph of the design and a brief description of the design shall be submitted.