How to characterize the evidence operation manual in patent invalidation? Is it a public publication or a composition? Prior Art
Patent invalidation Evidence operations manuals constitute prior art.
In the request for patent invalidation, the claims do not involve inventive step can be used as a reason for invalidation. Selling patented products of the same type and distributing operating manuals with the products before the patent application is in compliance with common business practices. This operating manual constitutes the prior art of this patent, which in turn affects the inventiveness of this patent and will ultimately lead to the invalidation of this patent. .
Article 45 of the Patent Law. 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. declare the patent invalid.
Article 46 The Patent Reexamination Board’s review of declared patents rightA request for invalidation shall be reviewed and decided promptly, and the requestor and patentee shall be notified. The decision to declare the patent right invalid shall be registered and announced by the patent administration department of the State Council.
Declaring the patent right invalid or maintaining the patent to the Patent Reexamination Board If you are dissatisfied with the decision, you may file a lawsuit with 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.
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