Invention patents can be declared invalid?

The invalidation of a patent for invention shall be declared by the administrative department for patent in the State Council or the people's court. According to the relevant laws and regulations, the patent administrative department of the State Council shall declare an invention-creation that does not meet the conditions for granting a patent invalid. If a party refuses to accept the decision of the patent administrative department of the State Council to declare the patent invalid, he may bring a lawsuit to the people's court within three months from the date of receiving the notice. Judged by the people's court according to law.

legal ground

Article 45 of the Patent Law of People's Republic of China (PRC) Since the date when the patent administration department in the State Council announced the grant of the patent right, any unit or individual may request the patent administration department in the State Council 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. Article 46 The patent administration department in the State Council shall promptly examine the request for invalidation of the patent right and make a decision, and notify the claimant and the patentee. The decision to declare the patent right invalid shall be registered and announced by the patent administration department of the State Council. Anyone who refuses to accept the decision of the State Council Patent Administration Department to declare the patent right invalid or maintain the patent right may bring a lawsuit to the people's court within three months from the date of receiving the notice. The people's court shall notify the other party to the procedure for requesting invalidation to participate in the proceedings as a third party.