Can a patent be partially invalidated?

According to the relevant laws of our country, only patents registered in accordance with the law are protected by law. After the patent is registered, the patentee can use it himself or license others to use the patent. Others have no right to use it. According to the relevant laws of our country, To apply to declare a patent invalid, the applicant can apply for the invalidation of all patents or partial invalidation of the patent. To apply, an application form and relevant evidence must be submitted. Below, the editor of Legal Savior Network will provide readers with relevant answers.

1. Can patent rights be partially declared invalid?

1. According to my country According to relevant laws, when applying to declare a patent invalid, the applicant can apply to invalidate the entire patent or partially invalidate the patent. The application must submit an application and relevant evidence.

2. "Implementing Rules for the Patent Law of the People's Republic of China"

Article 65 In accordance with the provisions of Article 45 of the Patent Law, where a request is made to declare the patent right invalid or partially invalid, a request for invalidation of the patent right and necessary evidence in duplicate shall be submitted to the Patent Reexamination Board. 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 requesting invalidation referred to in the preceding paragraph refer to the fact that the invention-creation for which the patent is granted does not comply with Article 2 and Article 20, Paragraph 1 of the Patent Law. , Article 22, Article 23, Paragraph 3, Paragraph 4 of Article 26, Paragraph 2 of Article 27, Article 33 or Paragraph 2 of Article 20 of these Rules , the provisions of Article 43, Paragraph 1, or the provisions of Articles 5 and 25 of the Patent Law, or the patent right cannot be obtained in accordance with the provisions of Article 9 of the Patent Law.

2. Review principles for invalidation declaration What are there

1. The principle of no-nonsense

If the declaration is invalid If the petitioner files a request for invalidation again with the same reasons and evidence for the patent rights involved in the invalidation case that has already made an examination decision, the Patent Reexamination Board will not accept and review the request.

2. Principles of party disposition

The invalidation requester may waive all or part of the scope, reasons or evidence of the invalidation request, and The content that has been abandoned will no longer be reviewed by the Patent Reexamination Board.

The patentee can voluntarily modify the claims or voluntarily abandon certain design points.

If both parties express their desire for reconciliation to the Patent Reexamination Board, the Patent Reexamination Board will give both parties a time limit for reconciliation and suspend the invalidation review. If the reconciliation time limit expires or one party files a request for patent reexamination If the committee requests to continue the examination, the Patent Reexamination Board will continue the examination.

3. Confidentiality principle

Before the invalidation review decision is made, members of the collegial group shall not disclose their opinions related to the case to anyone. In principle, they shall not contact or meet with either party individually regarding the content of the case.

According to the principle of request, if the Patent Reexamination Board can make a decision to declare the patent right invalid or partially invalid based on the existing work, it will not be affected by the withdrawal of the request by the invalidation requester. This is consistent with the patent The reexamination procedures are slightly different.

The above knowledge is the editor’s answers to relevant legal issues. According to the relevant laws of our country, if you apply for a declaration of invalidation of a patent, you must apply A person can apply for invalidation of all patents or partial invalidation of patents. To apply, you must submit an application and relevant evidence. If you need legal help, you are welcome to go to the Legal Savior Network for legal consultation.