Is it considered infringement if a patent terminates the use of the patent by others?

It is not infringement for a patent to terminate someone else's use of the patent. According to relevant legal provisions, Patent rights arise when the patent administration department of the State Council issues a patent certificate and terminate when the patentee voluntarily gives up or fails to pay the fee within the time limit and the time limit expires. Regarding the question of whether the termination of a patent by others to use the patent is considered infringement, the editor of Legal Savior Network will answer it for you below.

1. Patent termination: Is it considered infringement if someone else uses the patent?

Patent termination The use of the patent by others is not an infringement. According to relevant legal provisions, patent rights arise when the patent administration department of the State Council issues a patent certificate and terminate when the patentee voluntarily gives up or fails to pay the fee within the time limit and the time limit expires. Therefore, after the expiration of Qixi Nei, the patent rights will be extinguished and anyone can freely implement the patent without infringement.

Legal basis: "Patent Law of the People's Republic of China"

Article 42: The term of invention patent rights is twenty years, and the term of utility model patent rights and design patent rights is ten years, both calculated from the date of application;

Art. Article 43: The patentee shall pay annual fees starting from the year when the patent right is granted;

Article 44: Under any of the following circumstances: , the patent right is terminated before the expiration of the term:

(1) Failure to pay the annual fee in accordance with regulations;

(2) The patentee gives up its patent rights in a written statement. If the patent right is terminated before the expiration of the term, it shall be registered and announced by the patent administration department of the State Council.

2. What to do if the patent is terminated?

You have two months after receiving the notice of patent termination. For restoration, the restoration fee is 1,000 yuan. But after the two-month period, the patent rights are completely lost. If we use the same solution to apply for a new patent,The original patent that has lost its patent rights will affect the novelty of the subsequent application, and therefore, the newly applied patent cannot obtain patent rights.

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