Is it illegal for a patent to be registered?

Preemptive patent registration is not illegal. After a patent is preemptively registered by others, if the party believes that the grant of the patent does not comply with the relevant provisions of the Patent Law, the party may request the Patent Administration Department of the State Council to declare the patent invalid. Regarding the question of whether it is illegal to register a patent, the editor of Legal Savior Network will give you a detailed answer below.

1. Is patent squatting illegal?

1. Patent squatting It will not violate the law. After the patent is preemptively registered by others, if the party concerned believes that the grant of the patent right does not comply with the relevant provisions of the Patent Law, he or she may request the Patent Administration Department of the State Council to declare the patent right invalid.

2. Legal basis: Article 45 of the "Patent Law of the People's Republic of China"

2. How to determine the crime of patent counterfeiting

1. A perpetrator who not only counterfeits the Patents of others but also produces and sells fake and inferior goods patented by others is a crime of absorption. Because the production and sale of counterfeit goods that counterfeit other people's patents are an integral part of counterfeiting other people's patents, the former behavior is absorbed into the subsequent behavior, so the perpetrator's behavior is only determined to constitute the crime of patent counterfeiting, and he will be severely punished, rather than being treated as multiple crimes.

2. The perpetrator not only counterfeits other people's patents but also counterfeits other people's registered trademarks, which meets the requirements for two crimes and should be treated as two crimes. Several crimes should be combined. Punishment.

3. The perpetrator who not only counterfeits patents and registered trademarks of others, but also produces or sells counterfeit and inferior goods should be convicted of several crimes. Counterfeiting other people's patents and registered trademarks is the premise, and producing or selling counterfeit goods is the result. The latter is absorbed by the former, but counterfeiting other people's patents and registered trademarks are two independent behaviors. Therefore, the perpetrator who not only counterfeits patents and registered trademarks of others, but also produces or sells counterfeit and inferior goods shall be punished for the crime of counterfeiting patents and counterfeiting registered trademarks of others.

According to the provisions of the Patent Law, patent squatting is not illegal. After the patent is squatted by others, the party concerned believes that the grant of the patent right does not comply with the patent law. If there are relevant provisions, you may request the patent administration department of the State Council to declare the patent right invalid. I hope the above content can be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior Network to consult a professional lawyer.division.