How to identify patent applications
1. If you request to declare the Patent right invalid or partially invalid, you must pay the fee according to regulations , submit a request for invalidation in duplicate, fill in the name and patent number of the patent requested to be invalidated, state the facts and reasons based on it, and attach the necessary evidence.
2. The Patent Reexamination Board declared the patent invalid A copy of the request and copies of relevant documents are sent to the patentee, requiring him to state his opinions within a specified time limit. The patentee can modify the patent document, but cannot expand the scope of protection of the original patent; failure to respond within the time limit will not affect the hearing of the Patent Reexamination Board. .
3. The Patent Reexamination Board declared the patent invalid The request will be reviewed, a decision will be made, and the requester and patentee will be notified. The decision to declare the patent right invalid shall be registered and announced by the China Patent Office. A patent right declared invalid is deemed to have ceased to exist from the beginning.
What materials are needed to apply for patent invalidation:
1. Proof of personal identity of the client or business license and legal person certificate.
2. Patent certificate and authorized patent announcement document of the patentee.
3. Previously published patent documents, previously published scientific and technological documents, publicly known technologies and other technical materials related to the invalid patent.
4. When patent invalidity involves infringement disputes, the client should also provide The following information:
(1) The client’s products Physical objects, photos, product instructions and other materials.
(2) All documents served by the people’s court, including the request for litigation.
(3) Description of the production and operation status, technology source, time, and production preparations of the client's alleged infringing products.
"Patent Law" Article 45 From the date when the patent administration department of the State Council announces the grant of a patent right, any unit or individual believes that the If the grant of a patent right does not comply with the relevant provisions of this Law, you may request the Patent Reexamination Board to declare the patent right invalid.
Based on the above, organize the relevant content related to identification of professional applications. It can be seen that judging based on the type of patent must also Based on case analysis, this article also extends the introduction of the procedures for applying for patent invalidation and related materials to be prepared. During the application process, if you encounter any problems, the Legal Savior Network provides professional legal consulting services and professional lawyers will answer your questions.
