1. From the date when the patent administrative department of the State Council announces the grant of the patent right, the parties concerned may request the patent administrative department of the State Council to declare the patent right invalid;
2. If the people's court accepts a patent dispute and confirms that the patent is invalid, it shall be deemed invalid according to law, and it shall be stated in the effective judgment;
3. Other ways.
Legal Basis
Article 45 of the Patent Law of the People's Republic of China
From 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.
article 46
the patent administration department in the State Council shall promptly examine and make a decision on the request for invalidation of the patent right, and notify the requester 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 suit in a 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.