Is it possible for the patent to be plagiarized during the application process?
When the applicant applies for rights, the patent It is possible that the patent may be plagiarized by others. If the patent is plagiarized and the applicant's patent application is not accepted, the applicant may request the patent management department to invalidate the patent.
"Patent Law of the People's Republic of China"
Article 44 If a registered trademark violates the provisions of Articles 10, 11 and 12 of this Law, or it is registered by deceptive means or other If registration is obtained by unfair means, the Trademark Office shall declare the registered trademark invalid; other units or individuals may request the Trademark Review and Adjudication Board to declare the registered trademark invalid.
When the Trademark Office makes a decision to declare a registered trademark invalid, it shall notify the parties concerned in writing. If the party concerned is dissatisfied with the decision of the Trademark Office, he may apply to the Trademark Review and Adjudication Board for review within fifteen days from the date of receipt of the notice. The Trademark Review and Adjudication Board shall make a decision within nine months from the date of receipt of the application and notify the parties in writing. If there are special circumstances that require an extension, it can be extended for three months with the approval of the industrial and commercial administration department of the State Council. If the party concerned is dissatisfied with the decision of the Trademark Review and Adjudication Board, it may file a lawsuit with the People's Court within thirty days from the date of receipt of the notice.
If other units or individuals request the Trademark Review and Adjudication Board to declare a registered trademark invalid, the Trademark Review and Adjudication Board shall, after receiving the application, notify the relevant parties in writing and submit a defense within a time limit. The Trademark Review and Adjudication Board shall make a ruling to maintain the registered trademark or declare the registered trademark invalid within nine months from the date of receipt of the application, and notify the parties in writing. If there are special circumstances that require an extension, it can be extended for three months with the approval of the industrial and commercial administration department of the State Council. If the party concerned is dissatisfied with the ruling of the Trademark Review and Adjudication Board, it may file a lawsuit with the People's Court within thirty days from the date of receipt of the notice. The people's court shall notify the other party in the trademark adjudication procedure to participate in the litigation as a third party.
What behaviors are patent infringements
(1) Implementation of others’ patents p>
This type of patent infringement must meet two conditions: (1) without the permission of the rights holder; (2) for the purpose of production and operation. According to Article 11 of the Patent Law, there are three specific forms:
1. Manufacturing, using, offering for sale, selling or importing other people’s invention patents Products or utility model patented products;
2. Use patented methods invented by others and use, offer to sell, sell or import products directly obtained according to this method;
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3. Manufacture, sell or import other people’s design patented products.
(2) Counterfeiting others’ patents
This type of patent infringement refers to the infringement of patent rights According to Article 84 of the "Implementing Rules", a person's right to mark has the following four forms:
1. Without permission, any product manufactured or sold in the Marking other people’s patent numbers on products and product packaging;
2. Using other people’s patent numbers in advertisements or other promotional materials without permission, making others Mistaking the technology involved for someone else’s patented technology;
3. Using someone else’s patent number in the contract without permission, causing others to misinterpret the technology involved in the contract. Mistaking the technology for others’ patented technology;
4. Forging or altering other people’s patent certificates, patent documents or patent application documents.
In addition, Article 59 of the Patent Law also stipulates another illegal act, namely "passing off patented products with non-patented products, passing off non-patented methods as "Patented method", this kind of behavior is not a manifestation of patent infringement, that is, it is not patent infringement, and does not bear patent infringement liability. It only bears general civil tort liability and will be punished by the department managing patent work.
The above knowledge is the editor's answer to the question "Is it possible for a patent to be plagiarized during the application process?"During the process of applying for rights, the applicant's patent may be plagiarized by others. If the patent is plagiarized and the applicant's patent application is not accepted, the applicant may request the patent management department to invalidate the patent. If you need legal help, you are welcome to go to the Legal Savior Network for legal consultation.
