How to get back a patent that has been registered
To get back the squatted patents, you must first Gotta pay attention to time.
It is the date when the patent office announces the grant of patent rights. During this period, if any unit or individual believes that the grant of the patent right does not comply with the relevant provisions of the Patent Law, it can request the Patent Reexamination Board to declare the patent right invalid.
So, as long as you find that you have been registered , then immediately go to the review committee to declare it invalid after discovery.
Of course, if the time for announcement has passed, then you cannot adopt this method. Next, you have to protect your rights in the following ways:
1. No matter what, you can find the party first and negotiate with both parties first. If the matter can be settled through negotiation, it will save you the cost of finding a lawyer to sue.
2. However, after some people rush to register a patent, they will not accept it because they have already been granted it. Negotiate. Therefore, if you cannot reach an agreement or simply find other solutions, you can also ask the patent administration department for mediation.
3. Finally, through peaceful negotiation, If mediation with the patent administration authority fails, then you will have no choice but to file a lawsuit in time.
You can file a patent infringement lawsuit in court. When suing, you can ask the other party to stop using your patent and compensate you for the benefits he gained during the preemptive registration period or for the losses you suffered after the preemptive registration. If your losses and his interests cannot be determined, the court will usually reasonably determine the amount of compensation based on the patent license fee.
The above is the relevant information summarized for you. I hope We can help you. Legal Savior Network is committed to building an excellent legal consultation platform. If you still have questions, please feel free to consult with a lawyer.
