What is the legal basis for invalidating a patent?

Patent is actually a relatively difficult case to determine, and it is also quite difficult to deal with, not only in terms of time, but also very difficult to prove, and it involves a wide range of knowledge. So, the law of patent invalidity What is the basis? The editor of Legal Savior Network will explain it to you.

What is the legal basis for invalidating a patent

(1) The subject matter of the patent does not meet the definition of invention, utility model or design (Article 2 of the Patent Law);

(2) The subject matter of the patent violates national laws, social ethics or harms public interests (Article 5 of the Patent Law);

(3) The subject matter of the patent is not something for which patent rights can be granted Scope (Article 25 of the Patent Law);

(4) The subject matter of an invention or utility model does not have novelty, creativity or practicality, and the subject matter of a design patent does not have novelty or conflicts with the legal rights previously obtained by others (Patent Law 22 Article, Article 23);

(5) The description does not fully disclose the invention or utility model (Article 26, Paragraph 3 of the Patent Law);

(6) The claims of the authorized patent are not based on the description (Article 26, Paragraph 4 of the Patent Law);

(7) The claims of the authorized patent are unclear and unclear. It is concise or lacks the necessary technical features to solve the technical problem (Article 20, paragraph 1, and Article 21, paragraph 2, of the Patent Law);