What does it mean to partially invalidate a design patent
Patent right invalidation refers to the patent right announced by the State Intellectual Property Office. From that date, any unit or individual that 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.
"Patent Law" Article 65 In accordance with the provisions of Article 45 of the Patent Law, if a request is made to declare the patent right invalid or partially invalid, a request for invalidation of the patent right and necessary documents shall be submitted to the Patent Reexamination Board. The evidence is in duplicate. The request for invalidation should combine all the evidence submitted, specify the reasons for the invalidation request, and indicate the evidence on which each reason is based.
The reasons for the invalidation request referred to in the preceding paragraph are Refers to an invention-creation for which a patent is granted that does not comply with Article 2, Article 20, Paragraph 1, Article 22, Article 23, Article 26, Paragraphs 3, 4, and 2 of the Patent Law. The provisions of Paragraph 2 and Article 33 of Article 17 or Paragraph 2 of Article 20 and Paragraph 1 of Article 43 of these Rules, or the provisions of Article 5 and Article 25 of the Patent Law, Or the patent right cannot be obtained in accordance with Article 9 of the Patent Law.
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