Legal basis: Article 65 Detailed Rules for the Implementation of the Patent Law Where a patent right is requested to be invalidated or partially invalidated according to the provisions of Article 45 of the Patent Law, a request for invalidation of the patent right and necessary evidence shall be submitted to the Patent Reexamination Board in duplicate. The request for invalidation shall, in combination with all the evidence submitted, specify the reasons for the request for invalidation and indicate the evidence on which each reason is based. The reason for the request for invalidation mentioned in the preceding paragraph refers to that the invention-creation granted a patent does not conform to the provisions of Article 2, Paragraph 1 of Article 20, Article 22, Article 23, Paragraph 3, Paragraph 4 of Article 26, Paragraph 2 of Article 27, Paragraph 2 of Article 33 or Paragraph 1 of Article 20 and Paragraph 1 of Article 43, or belongs to the provisions of Article 5 and Article 25 of the Patent Law, or the patent right cannot be obtained according to the provisions of Article 9 of the Patent Law.
Article 45 of the Detailed Rules for the Implementation of the Patent Law: Except for the patent application documents, other documents related to the patent application submitted by the applicant to the patent administration department of the State Council shall be deemed to have not been submitted under any of the following circumstances: (1) The prescribed format is not used or the filling is not in conformity with the provisions; (2) Failing to submit the certification materials as required. The administrative department for patent in the State Council shall notify the applicant that the examination opinions have not been submitted.