1. Can the patentee apply for patent invalidation on his own
1 . According to the relevant laws of our country, after a patent is granted, any unit or individual can request the Patent Reexamination Board to declare the patent invalid, so the patentee can apply for invalidation of the patent.
2. Legal provisions: "Patent Law of the People's Republic of China"
Forty-fifth Article 1: From the date when the Patent Administration Department of the State Council announces the grant of a patent right, any unit or individual that believes that the grant of the patent right does not comply with the relevant provisions of this Law may request the Patent Reexamination Board to declare the patent right invalid.
Article 46 The Patent Reexamination Board shall promptly review and make a decision on a request to declare the patent right invalid, and notify the requester and the patentee. The decision to declare the patent right invalid shall be registered and announced by the patent administration department of the State Council.
Anyone who is dissatisfied with the decision of the Patent Reexamination Board to declare the patent right invalid or to maintain the patent right may file a lawsuit in the People's Court within three months from the date of receipt of the notice. The people's court shall notify the other party in the invalidation request procedure to participate in the litigation as a third party.
2. What are the circumstances under which an invalid patent application will not be accepted
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1. The object of the request for invalidation shall be patents that have been announced and authorized, including patents that have been terminated or abandoned (except those abandoned since the filing date) . If the request for invalidation is not for a patent that has been published and authorized, it will not be accepted.
2. After the Patent Reexamination Board makes a review decision declaring all or part of the patent right invalid, the party concerned fails to complete the review within three months from the date of receipt of the review decision.If a lawsuit is filed in the People's Court or the People's Court makes an effective judgment upholding the review decision, the request for invalidation of the patent rights that has been declared invalid by the decision will not be accepted.
3. The petitioner does not have the qualifications to be the subject of civil litigation.
4. The patentee files a request for invalidation of its patent rights and requests that all patent rights be declared invalid. The evidence submitted is not a public publication or the requester is not The patent rights are jointly owned by all patentees.
5. If the reasons for invalidation do not fall within the reasons specified in Paragraph 2 of Article 64 of the Implementing Rules of the Patent Law, they will not be accepted.
6. After the Patent Reexamination Board has made a review decision on a request for invalidation of a patent, it shall file a request for invalidation again with the same reasons and evidence. shall be accepted, unless the stated reasons or evidence are not considered in the decision due to time limits or other reasons.
7. Requesting to declare the design patent right invalid on the grounds that the patented design conflicts with the legal rights previously obtained by others, but the design patent has not been submitted to take effect. Decisions or judgments that can prove that design patent rights conflict with prior rights such as trademark rights and copyrights will not be accepted.
8. The petitioner fails to specify the reasons for the invalidation declaration, or submits evidence but fails to specify the reasons for the invalidation declaration in conjunction with all the evidence submitted, or fails to specify If there is no evidence based on each reason, the request for invalidation will not be accepted.
The above knowledge is the editor’s answer to relevant legal issues. According to the relevant laws of our country, after a patent is granted patent rights, any unit or individual can Request the Patent Reexamination Board to declare the patent invalid, so the patentee can apply for invalidation of the patent. If you need legal help, you are welcome to go to the Legal Savior Network for legal consultation.
