1. How to protect my rights when someone else uses my information to apply for a patent
According to the provisions of the Patent Law and the Implementing Rules of the Patent Law, if a party has objections to a patent authorized by the patent management department, he or she may request the patent management department to invalidate the patent.
"Implementing Rules for the Patent Law of the People's Republic of China"
Article 65 in accordance with patent According to the provisions of Article 45 of the Law, if a request is made to declare the patent right invalid or partially invalid, a request for invalidation of the patent right and necessary evidence shall be submitted to the Patent Reexamination Board in duplicate. 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. How to fill in the patent invalidation request form
1. When making a request for invalidation of a patent right, it should be filled in item by item in accordance with the prescribed format.
2. Must be in Chinese.
3. Pay attention to clearly filling in the patent number, authorization announcement date, patentee, and name of the invention for which the patent is requested to be invalidated.
4. The statement of facts and reasons should be targeted and comply with the provisions of Article 66, paragraph 2, of the Implementing Regulations of the Patent Law.
5. The production should meet the requirements listed in the precautions for filling out the form.
6. It should be submitted 6 months after the patent office announces the grant of patent rights, otherwise the Patent Reexamination Board will not accept the application.
Things to note when filling in the patent invalidation request form
Things to note when filling out the form
1. This form should be filled out carefully in Chinese (the text should be typed or printed, and the handwriting should be black).
2. Column ① of this form should fill in the name and address of the requester. If the requester is an organization, the full name of the organization should be filled in; if the requester is multiple people, and there is no If a patent agency is entrusted, one person should be designated as the representative to fill in the position of the first signature. If the first signature requester is an organization, the name of the contact person of the organization should also be filled in.
3. Column ② of this form should fill in the name of the patent agency registered with the China Patent Office, and indicate the registration code and the agent designated by the patent agency. There must be no more than two persons, among whom there must be a full-time agent, and the agent certificate number must be indicated.
4. Column ④ of this form should clearly and concisely state the facts and reasons for requesting invalidation of the patent right. If there is a certifier, the name, occupation, work unit and address of the certifier should be stated; if there is evidence, its source or source should be stated. Patent documents should indicate the country, patent number or application number, classification number, application date and publication date; non-patent documents should indicate the country, name, cited article title, author, publisher, publication date and issue, Volume, page number, paragraph, figure number, etc.
5. When columns ① and ④ of this form cannot be filled in, you should use the attached pages developed by the Patent Office to continue filling in the form.
6. Column ⑤ of this form should indicate the name, page number and number of copies of the attached supporting documents.
7. In column ⑥ of this table, if a patent agency is entrusted, the official seal shall be affixed by the patent agency. If a patent agency is not entrusted, the requester shall be an individual. It should be signed or stamped by the applicant; if the requester is an organization, the official seal of the organization should be affixed.
8. The invalidation request fee should be paid within the time limit specified in the "Patent Law Implementing Rules"
The above knowledge is the editor's answer to the question "How do I protect my rights when someone else uses my information to apply for a patent?" According to the provisions of the Patent Law and the Implementing Rules of the Patent Law, the party concerned has objections to the patent authorized by the patent management department. , you can request the patent management department to invalidate the patent. If readers need legal help, they are welcome to go to the Legal Savior Network for legal consultation.
