(1) The patented technology does not have "novelty, creativity and practicality";
(2) The patented technology is controversial and unresolved during the application period;
(3) Although the patented technology is "novel, creative and practical", it is destroyed by the shoddy work of some patent agencies, which makes it impossible to apply for a patent.
How do I know which patents are invalid? Paragraph 2 of Article 65 of the Implementing Rules for the Patent Law
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.
Reasons for the request for invalidation: refers to that the invention-creation granted a patent does not conform to the following specific provisions of the Patent Law:
(1) Law 2- Definition of invention, utility model and design;
(2) Paragraph 1 of Article 20 of the Law-where an invention-creation made in China applies for a patent in a foreign country, it shall be subject to confidentiality review;
(3) Law No.22-Provisions on novelty, creativity and practicality; Article 23 of the law-provisions on design authorization conditions;
(4) Paragraph 3 of Article 26 of the Law-requirements for clarity, completeness and realization of instructions; Article 26 (4) of the Law-clear, concise and limited provisions on the basis of claim;
⑤ Article 27, paragraph 2, of the Law —— The provision that a picture or photograph clearly shows the required design;
6. Paragraph 2 of Article 20-The independent claim shall reflect the developed and practical technical scheme as a whole, and record the necessary technical features;
⑦ Article 33 of the law-modify the provisions beyond the scope; Article 43 Paragraph 1-The divisional application may enjoy priority, but it shall not exceed the scope recorded in the original application;
(8) Cases falling within the scope of Article 5 of the Law-violation of laws and genetic resources;
Pet-name ruby belongs to article 25 of the law-six kinds of unauthorized situations;
Attending the situation of Article 9 of this Law-the same invention-creation can only be granted a patent right, which is granted to the person who applies first.