Port communicationCan the patent be declared invalid after a successful patent application? After successfully applying, many patent holders，I don’t care much about follow-up monitoring.。Until someone suddenly came out and requested that his patent be declared invalid，I was shocked to realize that there was no proper response plan，It even resulted in his own patent being successfully declared invalid.。 The person who often files a request for invalidation of a patent，They are all strangers who neither know each other nor have any interactions with each other, let alone "enmity".。 So what exactly does patent invalidity mean?
A patent invalidation can only be declared invalid if someone applies for it.，So who can apply for patent invalidation? Who is asking for invalidation of other people's patents? Below we will answer you one by one。
one、What does patent invalidity mean? The so-called patent invalidity，after the patent is granted，Found to be incompatible with the conditions for granting patent rights stipulated in the Patent Law and its Implementing Regulations，and is confirmed and invalidated by the Patent Reexamination Board，A patent right that is declared invalid is deemed to have never existed from the beginning.。
According to the provisions of Article 65 of the "Implementing Rules of the Patent Law of the People's Republic of China"，The "reasons for requesting invalidation" of a patent right are the "circumstances" that lead to the invalidation of the patent right.，Including the following aspects： 1、The subject matter is not eligible for patent grant，include：invention、The subject matter of the utility model does not possess novelty、creativity or practicality；The subject matter of the design patent is not novel or conflicts with the legal rights previously obtained by others.。
2、Illegal situations in patent applications：The description does not fully disclose the invention or utility model；Right to grant a patent
Require
The book is not based on the instructions；Modifications to patent application documents exceed the prescribed scope；The subject matter of the patent does not qualify as an invention、Definition of utility model or design；Principles of negotiation and authorization for simultaneous applications；Right to grant a patent
Require
The book is not clear、Not concise or lacking the necessary technical features to solve its technical problems； 3、Violation of mandatory provisions of law，include：Violate national laws、Social morality or circumstances that impede public interests；Scientific discoveries and other situations where patent rights are not granted by law； 4、The situation of repeated authorization：Two or more applicants apply for patents for the same invention and creation.，Patent rights are awarded to the first person to apply，That is, an invention-creation is only granted a patent right to one person (the first person to apply).。
invention、Utility models and designs cannot obtain patent rights if the above circumstances occur.，Already patented，can be declared invalid。 two、Who can apply for patent invalidation? After the patent right is granted and announced by the Patent Administration Department of the State Council,，Any unit or individual believes that the patent does not comply with the provisions of the "Patent Law of the People's Republic of China" and its implementation rules，From the date of announcement, you can request the Patent Reexamination Board of the State Council to declare the announced patent invalid.。
So anyone can apply for patent invalidation，The premise is that the patent does not comply with relevant regulations。The invalidation of patent rights is made by the Patent Reexamination Board and registered and announced by the Patent Administration Department of the State Council.。 three、What are the grounds for requesting a patent invalidation?
The reasons for requesting invalidation of another's patent generally include:： It is believed that inventions and creations do not possess novelty、Creativity and practicality or being identical or similar to an existing design or conflicting with other people’s previously acquired legal rights; The technical solution in the specification of the invention or utility model cannot be realized by a skilled person in the technical field to which it belongs.;The instruction manual has been modified beyond the original instruction manual、right
Require
book range，or beyond the original image、Photos outside of original instructions、right
Require
book range，or beyond the original image、The range represented by the photo;right
Require
The book does not explain based on the manual
Require
scope of protection; right
Require
book rights
Require
The scope of protection is unclear;independent rights
Require
Missing necessary technical features;Violates national laws or does not fall within the scope of patent protection, etc.。
Four、What is the purpose of invalidating other people’s patents?
Usually, other people’s patents will be invalidated.，To sum up, there are probably the following reasons:： 1、for public welfare purposes，Organizations or individuals challenge existing patents； 2、by challenging patents，For competitors in the same field，Targeted retaliatory patent challenges，To build a reputation for individuals or companies； 3、During the critical period for the patentee，Generate profits by challenging its patents； 4、Plan for future product development or business，Remove patent barriers； 5、for potential infringers，Test its patent strength； 6、Other situations：For example, when licensing a patent，The licensee may secretly request the licensor for patent invalidation。
Without revealing one's identity，Invalidate its licensed patent，It is possible to obtain a certain advantageous position in licensing negotiations.。 Even if it is invalid and unsuccessful，Both parties can still continue to negotiate licensing matters at the poker table，"Advance can attack，"Retreat but defend"。 Or，When competitors want to enter your market，One's side can file a request for invalidation of the opponent's patent within the market.，Create barriers to market entry。
more than this，when someone files an infringement lawsuit，To request invalidation of the litigant’s patent，It is good to use this method to "exonerate" oneself from suspicion of infringement.。 five、How to deal with a request for patent invalidation? If someone files a request for patent invalidation, judicial relief procedures can be carried out。
According to the provisions of Article 46, Paragraph 2, of my country’s Patent Law，Dissatisfied with the decision of the Patent Reexamination Board to declare the patent right invalid or to maintain the patent right，You can file a lawsuit with the People's Court with the Patent Reexamination Board as the defendant within 3 months from the date of receipt of the notice.。 The court that accepts the lawsuit and the nature of the lawsuit are the same as those filed against the review decision.。It should be noted that，The other party to the invalidity procedure participates in the litigation as a third party。
in other words，When you, as the patentee, receive a copy of the document from the China Patent Office that someone else declares your patent invalid.，You should carefully read and analyze the main reasons given by others for invalidating the patent.，Prepare and write defense statements in a targeted manner。 Of course，You can also ask a patent lawyer or patent agent to analyze and study together.，Discuss countermeasures and write a defense statement。
Everything in the world is for profit，All the hustle and bustle in the world is for profit。Initiation of any intellectual property “invalidation” proceedings，Mostly related to interest disputes，It's not you who blocks other people's way，It’s because others want to use you to clear the way。 therefore，Rights holders should not relax their vigilance after obtaining rights，Be sure to pay close attention to the stability of your intellectual property rights，Carry out follow-up monitoring、Maintenance and other work，Only in this way can the achievements of one's wisdom be sacrificed in vain.。
And even if you are faced with the situation where your intellectual property rights are invalidated,，Don’t think of it as a tiger coming out of its cage，Disaster is imminent，Contact professionals as soon as possible，Discuss countermeasures together，The sooner you act, the better your chances of saving the day.，Keep your rights and interests。 Thank you for browsing my article，Hope it helps you，If you want to know more, please pay attention to Qibangbang
About Hong Kong Xintong
Hong Kong Xintong focuses onGuangdong and Hong Kong license plates、Shenzhen Hazardous Chemicals Business License、Shenzhen labor dispatch licenseandShenzhen Charity Foundationapplication services，Assist customers to applyShenzhen travel agency business license、Shenzhen pawn shop business license、Shenzhen auction house license and other mainstream domestic financial licenses，Support enterprises to achieve compliance expansion of cross-border financial business。Also availableODI overseas investment registration、International travel agency registration and other services，Help enterprises expand their presence in international markets。Provide one-stop compliance solutions for enterprises。To learn more，Please contactHong Kong Information Communications Consultant。
