What is the ground for Cancellation/invalidation of Design Patents?
Any third pay shall be entitled to file a request with the NOIP to cancel a Design patent in whole or in part, based on the following reasons: – The patentee was not entitled to apply for the patent, nor assigned the right to file the application for the patent from the entitled person; – The right to apply for the design patent belongs to a number of natural or legal persons one of whom has not agreed to the filing; – The design patent incorrectly states the designor(s) due to the applicant’s deliberate fault; or – The design which has been granted the patent has not met the protection criteria at the time of granting the patent In case of cancellation, the rights conferred by the patent shall be considered as not having been established.
