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What is patent invalidity?
Release Time：
2020-08-20
A patent is invalid when, after the patent right is granted, it is found that it does not meet the conditions for granting patent rights in the Patent Law and its Implementing Rules, and is reviewed and confirmed by the Patent Reexamination Board and declared invalid. The patent right is declared invalid. regarded as non-existent from the beginning.
Any unit or individual that believes that the grant of a patent does not comply with the relevant provisions of this Law from the date when the patent administration department of the State Council announces the grant of a patent right may request the Patent Reexamination Board to declare the patent right invalid. Its purpose is to correct erroneous authorization decisions made by the patent administration department of the State Council.
The reasons for requesting invalidation of patent rights include:
1. Inventions and creations that do not meet the conditions for granting patent rights. That is: the invention, utility model or design for which patent rights are granted does not meet the conditions 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: No patent right will be granted for inventions and creations that violate national laws, social ethics or harm public interests.
3. It does not belong to the statutory field for which patent rights are granted. For example: scientific discoveries and other situations where patent rights are not granted by law.
4. Duplicate authorization: If two or more applicants apply for patents for the same invention and creation, the patent right is granted to the first person to apply. That is, an invention and creation is only granted patent rights to one person (the first person to apply). . If more than one person obtains patent rights for an invention, utility model or design, the applicant's patent rights may be invalidated after application for declaration.
Source: China Intellectual Property Rights Protection Assistance Network
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