1. Is it necessary to pay a fee to request invalidation of patent rights?
1. Basis According to the relevant laws of our country, registered patents have patent rights, and the patentee must pay patent fees to the patent management department every year. If the patent application is invalid, a certain fee will also need to be paid.
2. Legal provisions: "Implementing Rules for the Patent Law of the People's Republic of China"
Ninth Article 13 When applying for a patent and handling other procedures with the patent administration department of the State Council, the following fees shall be paid:
(1) Application fee, application surcharge, publication and printing Fees and priority claim fees;
(2) Substantive examination fees and re-examination fees for invention patent applications;
(3) Patent registration fees, announcement printing fees, and annual fees;
(4) Rights restoration request fees and deadline extension request fees;
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(5) Fees for changes in descriptions, fees for requesting patent evaluation reports, and fees for requesting invalidation.
The payment standards for the various fees listed in the preceding paragraph shall be stipulated by the price management department and the financial department of the State Council in conjunction with the patent administration department of the State Council.
Article 99 The request fee for restoration of rights shall be paid within the relevant time limit stipulated in these rules; if it is not paid at the end of the time limit or is not paid in full, it will be deemed to have not been paid. Make a request.
The request fee for extension of time limit shall be paid before the expiration of the corresponding time limit; if it is not paid upon expiration or is not paid in full, the request shall be deemed not to have been made.
The fee for change of bibliographic matters, the fee for requesting patent right evaluation report, and the fee for requesting invalidation shall be paid within one month from the date of filing the request; if it is not paid upon expiration or is not paid in full, it shall be deemed that no request has been made.
2. What are the circumstances under which a patent is invalid
According to the provisions of Article 64 of the "Implementing Rules of the Patent Law of the People's Republic of China", the "reasons for a request for invalidation" of a patent right are the "circumstances" that lead to the invalidation of the patent right. Including the following aspects:
(1) The subject matter does not meet the conditions for patent grant, including: the subject matter of the invention or utility model does not have novelty, creativity or practicality ;The subject matter of the design patent is not novel or conflicts with the legal rights previously obtained by others.
(2) Illegal situations in patent applications: The description does not fully disclose the invention or utility model; the claims of the authorized patent are not based on the description; the modification of the patent application document exceeds the prescribed scope; the subject matter of the patent right does not meet the definition of invention, utility model or design; simultaneous applications Negotiate the principle of authorization; the claims of the authorized patent are unclear, unconcise or lack the necessary technical features to solve the technical problems;
(3) Violation of legal compulsory The stipulated circumstances include: circumstances that violate national laws, social ethics or harm public interests; circumstances such as scientific discoveries that do not grant patent rights according to legal provisions;
(IV ) Situation of repeated authorization: If two or more applicants apply for a patent for the same invention-creation, the patent right is granted to the first person to apply. That is, an invention-creation is only granted patent right to one person (the first person to apply). Inventions, utility models and designs cannot obtain patent rights under the above circumstances. If patent rights have been obtained, they can be declared invalid.
The above knowledge is the editor’s understanding of the relevant To answer legal questions, according to the relevant laws of our country, a registered patent has patent rights, and the patentee must pay patent fees to the patent management department every year. If the application for patent rights is invalid, a certain fee will also need to be paid. .If you need legal help, you are welcome to go to the Legal Savior Network for legal consultation.