How to understand the invalidity of patent right?

In order to safeguard the interests of the public and make the patent right only protect those inventions that should be protected, the Patent Law stipulates that any unit or individual may request the Patent Reexamination Board to declare the patent right invalid from the date when the Patent Office announces the grant of the patent right. Invalid procedure is very necessary to adjust the relationship between the patentee and the public. In fact, many requests for invalidation appear in the so-called "counterclaim", that is, when the patentee sues a unit or individual for infringement of his patent right to the patent administration organ or the people's court, the accused unit or individual may, in turn, request the Patent Reexamination Board to declare the patent right invalid when there is indeed reason to believe that the patent right should not be granted.

The reason for requesting invalidation refers to that the invention-creation granted a patent does not conform to the provisions of Article 22, Article 23, Paragraph 3, Paragraph 4 and Article 33 of the Patent Law or Article 2, Paragraph 1 of Article 13, Paragraph 1 of Article 20 and Paragraph 2 of Article 21 of these Detailed Rules, 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;

Specifically, it mainly includes: that the invention is not novel, creative and practical, or is the same as or similar to the existing design, or conflicts with the legal rights obtained by others in advance; The technical scheme in the description of the invention or utility model cannot be realized by technicians in the technical field; The modification of the specification is beyond the scope of the original specification and claims, or beyond the scope of the original pictures and photographs; The claim does not explain the scope of protection based on the specification; The scope of protection in the claim is unclear; The independent claim lacks the necessary technical features; Violation of national laws or not within the scope of patent protection. Where a patent right is requested to be declared invalid or partially invalid, it shall pay the required fees and submit a request for invalidation of the patent right and necessary evidence in duplicate to the Patent Reexamination Board. The request for invalidation shall specify the name and patent number of the patent for which invalidation is requested, and the facts and reasons on which it is based, and attach the necessary evidence.

The Patent Reexamination Board shall send a copy of the document to the patentee, requiring the patentee to reply within a specified time limit. In reply, the patent claim may be amended, but the amendment shall not expand the scope of protection of the original patent. If the patentee does not reply, it will not affect the trial. If a party refuses to accept the decision made by the Patent Reexamination Board on the request for invalidation, he may bring a suit in a people's court within 3 months from the date of receiving the notice. The patent office shall register and announce the decision after it becomes legally effective. An invalid patent right shall be regarded as nonexistent from the beginning. The decision to declare the patent right invalid has no retrospective effect on the infringement treatment that has been executed or the contract that has been performed. However, if the patentee maliciously causes losses to others, it shall make compensation, and obviously unfair shall return part or all of the expenses.