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.
The reason for requesting invalidation of the patent right is:
1. Inventions and creations that do not meet the conditions for granting patent rights. That is, the invention, utility model or design that has been granted a patent right does not meet the requirements of novelty, creativity and practicality stipulated in the patent law.
2. Inventions and creations that violate the law. Article 5 of the Patent Law stipulates that no patent right shall be granted for inventions and creations that violate national laws, social ethics or harm public interests.
3. It does not belong to the legal field of granting patent right. For example, scientific discoveries and other legal provisions 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). Where more than one person has obtained a patent right for an invention, utility model or design, he may, after making a declaration, apply to declare the applicant's patent right invalid.