Validity period of patent rights: According to the Patent Law, the term of invention patent rights is 20 years, and the term of utility model patent rights and design patent rights is 10 years, both calculated from the date of application. After the expiration of the patent term, the patent rights are terminated.

The reasons for requesting invalidation include:

(1) It does not comply with the provisions of Article 2 of the Patent Law, that is, the invention-creation for which the patent right is granted does not belong to invention, utility model and appearance. The situation of design protection object;

(2) It does not comply with the provisions of Article 20, Paragraph 1 of the Patent Law, that is, any unit or individual applies for a patent in a foreign country for an invention or utility model completed in China, but Failure to report to the Patent Administration Department of the State Council for confidentiality review in advance;

(3) Failure to comply with the provisions of Article 22 of the Patent Law, that is, the invention or utility model patent for which the patent right is granted is not novel. nature, creativity and applicability;

(4) It does not comply with the provisions of Article 23 of the Patent Law, that is, the design patent for which the patent right is granted is an existing design, has no obvious difference or Conflict with previously acquired legal rights;

(5) Does not comply with the provisions of Article 26, paragraph 3, of the Patent Law, that is, the description of the invention or utility model patent for which the patent right is granted It is unclear and incomplete, making it impossible for those skilled in the field to realize it;

(6) It does not comply with the provisions of Article 26, Paragraph 4 of the Patent Law, that is, the invention for which the patent right is granted Or the claims of the utility model patent are not based on the description and the scope of protection of the claims is unclear;

(7) It does not comply with the provisions of Paragraph 2 of Article 27 of the Patent Law, that is, The design patent granted the patent right does not clearly show the condition of the product claimed;

(8) It does not comply with the provisions of Article 33 of the Patent Law, that is, the modification of the patent application document exceeds the original The situation of the scope recorded in the application documents;

(9) It does not comply with the provisions of Article 20, Paragraph 2 of the Implementing Rules of the Patent Law, that is, the invention or utility model patent for which the patent right is granted lacks independent claims. The necessary technical features to solve technical problems;

(10) The provisions of Article 43, Paragraph 1 of the Implementing Rules of the Patent Law, that is, the invention or utility model patent for which the patent right is granted shall be divided into A case where a divisional application is filed, and the content of the divisional application exceeds the scope recorded in the original application;

(11) It falls under the provisions of Article 5 of the Patent Law, that is, the invention or utility model patent for which the patent right is granted is in violation of the provisions of Article 5 of the Patent Law. Laws, social ethics or the situation of inventions and creations that harm the interests of the public;

(12) It falls under the provisions of Article 25 of the Patent Law, that is, the invention or utility model patent for which the patent right is granted belongs to Scientific discoveries, rules and methods of intellectual activities, methods of diagnosis and treatment of diseases, varieties of animals and plants, substances obtained by nuclear transformation methods, and the main marking function of the patterns, colors or combinations of the two in printed matter Any situation in the design;

(13) Patent rights cannot be obtained in accordance with Article 9 of the Patent Law, that is, there are repeated authorizations for the same invention and creation.