Several situations in which a patent is invalid

Several situations in which a patent is invalid include: the patent object does not fall within the scope of invention, utility model, or design; the patent object does not have novelty, creativity, or practicality; the patent applicant does not have the behavioral capacity or rights to apply for a patent. Regarding the several situations in which patents are invalid, the editor of Legal Savior Network will give you detailed answers below.

1. Several situations in which the patent is invalid

1. The patent is invalid Several situations include: the patent object does not fall within the scope of invention, utility model, or design; the patent object does not have novelty, creativity, or practicality; the patent applicant does not have the behavioral capacity or rights to apply for a patent.

2. Legal basis: "Patent Law of the People's Republic of China"

Article 45: From the date when the patent administration department of the State Council announces the grant of patent rights, any unit or individual believes that If the grant of the patent right does not comply with the relevant provisions of this Law, you may request the patent administration department of the State Council to declare the patent right invalid.

Article 46: The patent administration department of the State Council shall promptly review and make a decision on a request to declare a patent invalid, and notify the requester and the applicant Patentee. The decision to declare the patent right invalid shall be registered and announced by the patent administration department of the State Council.

Anyone who is dissatisfied with the decision of the Patent Administration Department of the State Council to declare the patent right invalid or to maintain the patent right may file a lawsuit in the People's Court within three months from the date of receipt of the notice. . The people's court shall notify the other party in the invalidation request procedure to participate in the litigation as a third party.

2. What are the situations of division of patent applications

1. If a patent divisional application has the following circumstances that do not meet the unity, the applicant shall be required to modify the application documents (including divisional processing) , making it comply with the unity requirement.

2. The original claims contain two or more inventions that do not meet the unity requirement. If the originally submitted claims contain two or more inventions that do not belong to one general inventive concept, an application should be made. The applicant limits the application to one of the inventions; for the remaining inventions, the applicant can submit a divisional application.

3. The requirements in the revised application documents The added or replaced independent claim does not conform to the unity of the invention in the original claim. During the examination process, when the applicant amended the claim, he added the invention that was originally only described in the specification as an independent claim. The invention in the original claim or replaces the original independent claim lacks unity with the invention in the original claim. In this case, the examiner should ask the applicant to delete the invention added later from the claim. The applicant may submit a divisional application for the deleted invention.

4. One of the independent claims lacks novelty or inventive step, and the remaining claims lack novelty or inventive step. Unity. A certain independent claim lacks novelty or inventive step, resulting in the loss of the same or corresponding specific technical features among the remaining independent claims that are parallel to it, or even among its dependent claims, that is, it lacks unity, so it requires Applications are handled as separate cases.

For an application that includes products, manufacturing methods and uses, if it is found through search and examination that the products are known, the rest should It is obviously impossible for the independent claim on the manufacturing method of the product and the independent claim on the use of the product to have the same or corresponding specific technical features, so they require a divisional application.Hope the above content It can be helpful to you. If you have other questions, you can click the button below to consult, or go to the Legal Savior website to consult a professional lawyer.