1. Situation in which a patent invalidation request is deemed not to have been filed
Request for invalidation In any of the following circumstances, the Patent Reexamination Board shall issue a notice of non-filing to the petitioner:
(1) The petitioner fails to pay within the prescribed time limit or Failure to pay the invalidation declaration request fee;
(2) The requester failed to reply to the notice of correction within the specified period;
(3) The requester made corrections within the specified period but the same defect still exists after two corrections;
(4) In China A foreigner, foreign enterprise or other foreign organization without a habitual residence or business office as the requester fails to entrust the request as required and fails to make corrections within the specified time limit.
2. How to determine whether a patent is invalid
1. The subject matter of the patent is not an invention, utility model or design stipulated by law.
Article 2 of my country's Patent Law stipulates: The inventions and creations referred to in this law refer to inventions, utility models and designs.
Invention refers to a new technical solution proposed for a product, method or improvement thereof.
Utility model refers to a new technical solution proposed for the shape, structure or combination of a product that is suitable for practical use.
Appearance design refers to the shape, pattern or combination of the product, as well as the combination of color, shape, and pattern that is aesthetically pleasing and suitable for industrial applications. new design.
2. Patents are inventions and creations that violate the law, social ethics or harm public interests.
According to the provisions of Article 5 of my country's "Patent Law":
For violations of the law, Patent rights will not be granted for inventions and creations that violate social ethics or harm public interests.
No patent rights will be granted for inventions and creations that are obtained or utilized in violation of laws and administrative regulations and relied on such genetic resources. ”
3. Violating the principle of applying for one patent per invention.
China's " Article 9 of the Patent Law stipulates:
Only one patent right can be granted for the same invention-creation. However, the same applicant applies for both the same invention-creation on the same day. If a utility model patent is applied for and an invention patent is applied again, and the utility model patent right obtained first has not been terminated, and the applicant declares to give up the utility model patent right, the invention patent right may be granted.
If two or more applicants apply for patents for the same invention and creation, the patent right shall be awarded to the first applicant.
The above is the Legal Savior Network From the editor’s answer to “Situations in which a request for patent invalidation is deemed not to have been made”, we can learn that the situation in which a request for patent invalidation is deemed not to have been made is as follows. We hope it will be helpful to you. If you have other questions, Legal Savior Network also Professional lawyer online consultation services are provided, and you are welcome to have legal consultation again.
