1. Is it valid to apply for a patent after the use is disclosed?
Patent protection expires Later, the patent will be published. If the published patent cannot be applied for Patent rights, the patent management department will not accept the patent application.
"Patent Law of the People's Republic of China"
Article 42 of invention patent rights The term is twenty years, the term of utility model patent is ten years, and the term of design patent is fifteen years, both calculated from the date of application.
If the invention patent right is granted after four years from the date of application for the invention patent and three years from the date of request for substantive examination, the patent administration department of the State Council shall At the request of the patentee, compensation for the duration of the patent right shall be granted for unreasonable delays in the granting process of the invention patent, except for unreasonable delays caused by the applicant.
In order to compensate for the time taken up by the review and approval of new drugs, for invention patents related to new drugs that have been approved for marketing in China, the Patent Administration Department of the State Council shall, at the request of the patentee, Provide compensation for the duration of patent rights. The compensation period shall not exceed five years, and the total effective patent period after the new drug is approved for marketing shall not exceed fourteen years.
2. Legal liability for patent infringement
1. Administrative responsibility
For patent infringement, the department managing patent work has the right to order The infringer shall stop the infringement, order corrections, impose fines, etc., and the patent management department may also mediate on the amount of compensation for patent infringement at the request of the party concerned.
2. Civil liability
(1) Stop infringement. refers to patent infringementThe infringing party shall immediately stop the ongoing patent infringement in accordance with the decision of the patent management department or the judgment of the people's court.
(2) Compensation for losses. The amount of compensation for patent infringement shall be determined based on the losses suffered by the patentee due to the infringement or the benefits obtained by the infringer; if it is difficult to determine the losses suffered by the infringer or the benefits obtained by the infringer, the patent license fee may be referred to The multiple is reasonably determined.
(3) Eliminate the impact. When an infringer carries out infringement and causes damage to the goodwill of a patented product in the market, the infringer should adopt appropriate methods to bear the legal responsibility for eliminating the impact and admit his or her infringement in order to eliminate the damage caused to the patented product. adverse effects.
3. Criminal liability
In accordance with the provisions of the Patent Law and Criminal Law, counterfeiting other people’s patents, If the circumstances are serious, the person directly responsible should be held criminally responsible.
Through the above analysis, we know that according to the provisions of the "Patent Law", if the patent protection has a time limit, after the expiration of the patent protection period, if the patent is open, the other cannot If a patent is re-applied for patent rights, the patent management department will not accept the application. If you need legal help, readers can go to the Legal Savior Network for consultation.
