How to protect your rights if your patent has been maliciously registered?

Ways to protect the rights of a patent that has been maliciously registered: The party concerned can collect relevant evidence to prove that the grant of the patent right does not comply with the relevant provisions of the Patent Law, and request the Patent Administration Department of the State Council to declare the patent right invalid. After accepting the application, the patent administration department of the State Council shall promptly review it and make a decision. Regarding the issue of how to defend your rights if a patent has been maliciously registered, the editor of Legal Savior Network will give you a detailed answer below.

1. How to defend rights if a patent has been maliciously registered

1. Ways to protect the rights of a patent that has been maliciously registered: The party concerned can collect relevant evidence to prove that the grant of the patent right does not comply with the relevant provisions of the Patent Law, and request the Patent Administration Department of the State Council to declare the patent right invalid. After accepting the application, the patent administration department of the State Council shall promptly review it and make a decision.

2. Legal basis:

"Patent Law of the People's Republic of China" 45 Article 1 stipulates that from the date when the patent administration department under 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 administration department under the State Council to declare the patent right invalid.

Article 46 stipulates that the patent administration department of the State Council shall promptly review and make a decision on a request to declare a patent invalid, and notify the requester and patentee . The decision to declare the patent right invalid shall be registered and announced by the patent administration department of the State Council.

Anyone who is dissatisfied with the decision of the Patent Administration Department of the State Council to declare the patent right invalid or to maintain the patent right may file a lawsuit in 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.

2. What does patent right maintenance mean?

Patent maintenance means that during the legal protection period of the patent, the patentee shall The process of paying a specified amount of maintenance fees to the patent administration department to keep the patent valid. Patent maintenance time refers to the period from the date of application or authorization to the date of invalidity or termination., the actual time of revocation or expiration.

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