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Q149. Grounds for Patent Invalidation

Q149. Grounds for Patent Invalidation
 What kind of grounds can be asserted in a trial for patent invalidation?

A149. A trial for patent invalidation can be requested on the following grounds:
1) Any amendment that was made to the patent application does not comply with the requirements as provided.
2) The patent violates the provision of the enjoyment of rights by foreign nationals, patent eligibility, novelty, inventive step, novelty over later-published prior art, co-application by co-applicants, and double patenting.
3) The patent violates a treaty.
4) The patent has been granted on a patent application not complying with the requirements for description of the patent application.
5) When the application was filed in a foreign language, the disclosure of the patent is not within the scope of foreign language documents.
6) The patent application was filed by a person who is not the inventor and has not succeeded to the right to obtain a patent for the invention.
7) After the grant of a patent, the patentee has become unable to hold a patent right under the provision of the enjoyment of rights by foreign nationals, or the patent has become in violation of a treaty.
8) Any correction that was made to the patent does not comply with the requirements as provided.