1. How long is the transitional protection period for patent disputes
According to relevant regulations in my country According to the law, if a dispute arises over the invalidation of a patent right, the transitional protection period is one month. The party concerned may add reasons or supplement evidence within one month from the date of filing the request for invalidation.
"Implementing Rules for the Patent Law of the People's Republic of China"
Article 67 of the Patent Law After the review committee accepts the request for invalidation, the requester may add reasons or supplement evidence within one month from the date of filing the request for invalidation. If reasons or evidence are added after the time limit, the Patent Reexamination Board may not consider it.
2. Situations in 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 is not novel nature, creativity or practicality; the subject matter of the design patent is not novel 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 principle of authorized 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
Includes: violation of national laws, social ethics or obstructionPublic interest situations; scientific discoveries and other situations where patent rights are not granted by law;4. Repeated authorization situations
If two or more applicants apply for patents for the same invention-creation, the patent right is granted to the person who applies first. That is, an invention-creation is only granted patent right 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 provisions of our country’s laws, if a dispute arises when a patent right is declared invalid, the transitional protection period is a month, the party may add reasons or supplement evidence within 1 month from the date of filing the request for invalidation. If you need legal help, readers can go to the Legal Savior Network for consultation. The Legal Savior Network has the most professional lawyers to answer your questions.
