Can the patent department participate in recommending patented products?

Departments that manage patent work shall not participate in business activities such as recommending patented products to the public. Anyone who violates this provision shall be ordered to make corrections by the superior authority or supervisory authority. Below, the editor of Legal Savior Network will provide readers with relevant answers.

1. Can the patent department participate in recommending patented products

1 . According to the relevant laws of our country, departments that manage patent work are not allowed to participate in business activities such as recommending patented products to the public. Anyone who violates this provision will be ordered to make corrections by the superior authority or supervisory authority.

2. Legal provisions: "Patent Law of the People's Republic of China"

Seventy-third Departments managing patent work shall not participate in business activities such as recommending patented products to the public.

If the department managing patent work violates the provisions of the preceding paragraph, its superior authority or supervisory authority shall order it to make corrections and eliminate the impact, and any illegal income shall be confiscated; if the case is serious, If necessary, the directly responsible person in charge and other directly responsible personnel shall be given administrative sanctions in accordance with the law.

2. What are the circumstances under which Patent rights are invalid

1. The subject does not meet the conditions for patent grant

Including: the subject matter of the invention or utility model does not meet the patent granting conditions

Possess novelty, creativity or practicality; the subject matter of the design patent does not possess novelty or conflicts with the legal rights previously obtained by others.

2. Illegal situations in patent applications

The description does not fully disclose the invention or utility New type; the claims of the authorized patent are not based on the description; the modification of the patent application document exceeds the prescribed scope; the subject matter of the patent right does not meet the definition of invention, utility model or design; the principle of negotiation and authorization of simultaneous applications; the authorization of the patent The claims are unclear, not concise or lack the necessary technical features to solve the technical problems;

3. Violation of mandatory provisions of the law

Including: situations that violate national laws, social ethics or harm public interests; scientific discoveries and other situations where patent rights are not granted by law;

4. Duplicate authorization

If two or more applicants apply for patents for the same invention and creation, Patent rights are granted to the first person to apply, that is, an invention is only granted patent rights to one person (the first person to apply). Inventions, utility models and designs cannot obtain patent rights under the above circumstances. If patent rights have been obtained, they can be declared invalid.

The above knowledge is the editor’s answer to relevant legal issues. According to the relevant laws of our country, departments that manage patent work are not allowed to participate in recommending patented products to the society. Business activities that violate this provision will be ordered to make corrections by the superior authority or supervisory authority, and may be sentenced to prison. If you need legal help, you are welcome to go to the Legal Savior Network for legal consultation.