Is the patent established from the date of announcement?
According to my country's patent law It stipulates that the patent right shall take effect from the date of announcement by the patent management department and the applicant obtains the patent right.
"Patent Law of the People's Republic of China"
Article 39: If no reason for rejection of an invention patent application is found after substantive examination, the patent administration department of the State Council shall make a decision to grant the invention patent right and issue an invention patent certificate. be registered and announced at the same time. The invention patent right shall take effect from the date of announcement.
Article 40 If no reason for rejection is found after preliminary examination of a utility model or design patent application, the patent administration department of the State Council shall make a decision to grant the utility model patent right or design patent right. The decision on the design patent right shall be issued with a corresponding patent certificate, and shall be registered and announced at the same time. Utility model patent rights and design patent rights take effect from the date of announcement.
What are the consequences of applying for a patent invalidation
Based on According to Article 49 of the Patent Law, the Patent Reexamination Board’s review decision on a request for invalidation has the following three situations:
1. The reason for the request for invalidation is established and the request is made in accordance with the law. declare the patent invalid. According to Article 59 of the Patent Law: “A patent right declared invalid shall be deemed to have ceased to exist from the beginning.” As the patent right is declared invalid, the basis of the urban dispute over patent infringement disputes is that if a lawsuit has not been filed, a lawsuit cannot be filed on the grounds of patent infringement. If a lawsuit has been filed but a judgment has not been made or a judgment has been made but has not been executed, it should be dismissed. its litigation claims or termination of execution.
2. The reasons for requesting invalidation are established and the patent right is declared invalid in accordance with the law.After the patent becomes effective or the claims are revised, the patent right will continue to be valid. When a patent right is declared partially invalid, the situation is more complicated and requires detailed analysis based on specific issues. If part of the patented technical content involved in the implementation is declared invalid, the resolution of the dispute should be the same as the result in the first situation mentioned above. If part of the technical content of the patent involved in the implementation is maintained to be valid, in accordance with the provisions of Article 59 of the Patent Law, the scope defined in the claims of the patent shall be compared with the technical content involved in the implementation. draw conclusions.
3. The reason for the request for invalidation is untenable, so the request for invalidation is rejected and the original patent right remains valid. In this case, the patent right is maintained and continues to be valid, indicating that the existence of the patent right does not cause infringement of public interests, so the legitimate rights and interests of the patentee should be protected in accordance with the law. However, the fact that the patent right continues to be valid does not mean that the implementation behavior must constitute patent infringement. It is also necessary to make a specific analysis and judgment based on the provisions of the patent law and professional knowledge to determine whether the implementation behavior constitutes infringement.
What are the methods of patent licensing?
1. Exclusive license. It means that the licensor stipulates that the licensee has the exclusive right to implement its patent under certain conditions. The characteristic of this kind of license is that the licensor himself cannot use the patent and cannot grant the same content license to any third party.
2. Exclusive license. It means that the licensor will not sign a license contract with the same content with any third party in the region, but the licensor still has the right to use the patent in the region. This kind of license is also called an exclusive license.
3. Ordinary license. Also known as non-exclusive licensing, it is the most common patent licensing method. That is, while the licensor allows the licensee to use its patent, it still retains the right to use its patent in the region. At the same time, it can also grant the right to use it. A third party other than the licensee.
4. Cross-licensing. Also known as reciprocal licensing or mutual licensing, it means that both parties allow each other to use their respective patents.
5. Sub-license is also called sub-license and sub-license. It means that the licensee of the original patent license contract authorizes the patent right or part of it to a third party for use under certain conditions with the prior consent of the licensor. Licensee shall not have the right to enter into a sublicense contract with any third party without the prior consent of Licensor.
The above knowledge is the editor's answer to the question "Is a patent established from the date of announcement?" According to the provisions of my country's patent law, patent rights should take effect from the date of announcement by the patent management department. The applicant obtains Patent rights. If readers need legal help, they are welcome to go to the Legal Savior Network for legal consultation.
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