What are the specific provisions on invalidation of patent right?

Several situations in which the patent right is invalid:

1. The theme does not meet the conditions for granting a patent, including: the theme of the invention or utility model is not novel, creative or practical; The theme of the design patent is not novel or conflicts with the legal rights obtained by others in advance.

2. Illegal situation in patent application: the specification does not fully disclose the claim of the invention or utility model, and it is not based on the specification. The modification of the application documents is beyond the prescribed scope, the theme of the right does not conform to the principle of consultation and authorization applied for by the definition of invention, utility model or design, and the right claim is unclear, concise or lacks the necessary technical features to solve its technical problems.

3. Violation of mandatory provisions of laws, including: violation of national laws, social ethics or obstruction of public interests, and other legal provisions that do not grant patent rights.

4. Repeated authorization: If two or more applicants apply for a patent for the same invention-creation, the patent right will be granted to the first applicant, that is, an invention-creation will only be granted to one person (the first applicant). Inventions, utility models and designs cannot be patented under the above circumstances, and those that have been patented may be declared invalid. The so-called patent right is invalid. After the patent right is granted, it is found that it does not meet the conditions for granting the patent right in the Patent Law and its implementing rules, and it is declared invalid after reexamination and confirmation by the Patent Reexamination Board. An invalid patent right is regarded as nonexistent from the beginning.

Legal basis: Article 45 of the Patent Law of People's Republic of China (PRC). Since the date when the patent administrative department of the State Council announced the grant of the patent right, any unit or individual may request the Patent Reexamination Board 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.