Declaration of Invalidity Law & Legal Definition

A declaration of invalidity is used in United Kingdom patent law to declare a previously registered patent or trademark to be voided or lapsed. Invalidation is the legal procedure which allows anyone to try and remove a registered trade mark from the UK register. They may apply to remove the entire registration, or only some of the goods or services it covers.

A declaration of invalidity is used in family law to declare a marriage void. It is synonymous with an annulment, declaring that the marriage lacks an element required for a legal union. Laws vary by jurisdiction, but the following is an example of a law governing declarations of invalidity:

" 11.604 Declaration of invalidity. (a) The Court of Indian Offenses shall enter a decree declaring the invalidity of a marriage entered into under the following circumstances: (1) A party lacked capacity to consent to the marriage, either because of mental incapacity or infirmity or by the influence of alcohol, drugs, or other incapacitating substances; or (2) A party was induced to enter into a marriage by fraud or duress; or (3) A party lacks the physical capacity to consummate the marriage by sexual intercourse and at the time the marriage was entered into, the other party did not know of the incapacity; or (4) The marriage is prohibited under Sec. 11.603. (b) A declaration of invalidity may be sought by either party to the marriage or by the legal representative of the party who lacked capacity to consent."