Is the legal time to request invalidation of a patent right after the patent is granted?

You can request a patent invalidation at any time. Regarding the question of whether the legal time for requesting an invalidation of a patent right is after the patent is granted, the editor of Legal Savior Network will give you a detailed answer below.

1. Is the legal time to request invalidation of a patent right after the patent is granted?

1. You can request to declare a patent invalid at any time. From the date when the State Intellectual Property Office of China announces the granting of the patent right to the applicant in accordance with the law, if any unit or individual believes that the grant of the patent right does not comply with the provisions of the Patent Law, it can Request the Patent Reexamination Board to declare the patent right invalid. If you are dissatisfied with the decision of the Patent Reexamination Board, you can also file an administrative lawsuit in accordance with the law.

2. Legal basis: Article 45 of the "Patent Law of the People's Republic of China", starting from the date when the patent administration department of the State Council announces the grant of patent rights, any unit Or if an individual believes that the grant of the patent right does not comply with the relevant provisions of this Law, he or she may request the Patent Reexamination Board to declare the patent right invalid.

2. What is patent invalidation?

Patent invalidation refers to the announcement of the granting of patent rights by the State Intellectual Property Office. Starting from 2018, any unit or individual who believes that the grant of the patent right does not comply with the provisions of the Patent Law may request the Patent Reexamination Board to declare the patent right invalid.

3. What are the reasons for invalidating a patent?

1. The reasons for patent invalidation are as follows:

(1) The invention patent or utility model patent application for which the patent right is granted does not have novelty, Creativity or practicality;

(2) The design patent application for which the patent right is granted is an existing design, has no obvious difference, or is legally identical to the previously obtained design. Conflicting rights;

(3) The invention patent or utility model patent granted the patent right is not a new technical solution, and the design patent application granted the patent right is not aesthetically pleasing or is not a new design; etc.

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