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What are the reasons for invalidating a patent

2021-12-23 views:586

  

  The invalidation of the patent right means that, from the date when the patent administration department under the State Council announced the grant of the patent right, any entity or individual may request the Patent Reexamination Board to declare the patent right invalid if it considers that the grant of the patent right does not conform to the provisions of the Patent Law.

  The Detailed Rules for the Implementation of the Patent Law specifies the reasons for requesting invalidation of a patent right: the reasons for requesting invalidation refer to the fact that the invention creation for which a patent has been granted does not comply with the provisions of Article 2, Article 20, paragraph 1, Article 22, Article 23, Article 26, paragraphs 3 and 4, Article 27, paragraph 2, and Article 33 of the Patent Law, or Article 20, paragraph 2, and Article 43, paragraph 1 of these Rules, Either it falls under Article 5 or Article 25 of the Patent Law, or it is impossible to obtain a patent right in accordance with Article 9 of the Patent Law. The following separate reasons for invalidity:

  1. The invention creation for which the patent right is granted belongs to Article 5 of the Patent Law, that is, it violates the national laws, social morality or impairs the public interest;

  2. The invention or utility model for which a patent has been granted does not conform to the provisions of Article 22 of the Patent Law on novelty, inventiveness and practicality; The design for which a patent has been granted does not meet the novelty requirements of Article 23 of the Patent Law;

  3. The invention or utility model for which the patent right is granted is not in conformity with the provisions of paragraph 3 or paragraph 4 of Article 26 of the Patent Law, that is, the patent description has not made a clear and complete description, which makes it impossible for ordinary technicians in the field of technology to exploit the invention or utility model, or the claims cannot be supported by the description;

  4. The amendment of the application document for a patent for invention or utility model goes beyond the scope of the original description and claims, and the amendment of the application document for a patent for design goes beyond the scope of the original drawings or photographs;

  5. The invention or utility model for which a patent right is granted belongs to the object for which no patent right is granted as provided in Article 25 of the Patent Law;

  6. The invention creation for which the patent right has been granted does not conform to the definition of invention, utility model or design stipulated in Article 2 of the Rules for the Implementation of the Patent Law;

  7. The invention creation for which the patent right has been granted does not comply with the provisions of Paragraph 1, Article 12 of the Rules for the Implementation of the Patent Law, and the same invention creation is repeatedly authorized;

  8. The applicant is unqualified.

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