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: Article 45 of the "Patent Law of the People's Republic of China", starting from the date when the patent administration department of the State Council announces the grant of patent rights, any unit Or if an individual believes that the grant of the patent right does not comply with the relevant provisions of this Law, he may request the patent administration department of the State Council to declare the patent right invalid.
Article 46 of the "Patent Law of the People's Republic of China" stipulates that the patent administration department of the State Council shall promptly review and make a decision on the request to declare the patent invalid, and notify The petitioner and the 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. A third party can obtain patent rights without the permission of the patent owner and without payment. Several situations in which patents are used for remuneration
1. After the patented products manufactured by the patentee or manufactured with the permission of the patentee are sold, the use Or the act of selling the product no longer requires the permission of the patentee. This is an important restriction on patent rights and is called the "patent exhaustion principle."
2. Utilization by the prior user.
Paragraph 3 of Article 62 of the Patent Law stipulates that if the same product has been manufactured before the filing date, the same method has been used or the manufacturing, use and preparation have been made, and the manufacturing and use only continues within the original scope, it shall not considered an infringement. This is the first-to-use principle.
3. Use or sell patented products manufactured and sold without the permission of the patentee in good faith.
Article 62, paragraph 2, of my country's Patent Law stipulates that using or selling patented products without knowing that they are manufactured and sold without the permission of the patentee , is not considered infringement. Because any distributor has no obligation to find out how the patented product entered the circulation before using or selling it. This restriction on the rights of patentees is mainly to facilitate people's production and life needs.
4. Patented products are used in the operation of foreign transportation vehicles.
Article 62, Item 4 of my country's Patent Law stipulates that foreign transportation vehicles that temporarily pass through China's territory, territorial sea, and airspace shall sign a contract with China in accordance with their respective Agreements or international treaties to which both parties are party, or in accordance with the principle of reciprocity, the use of relevant patents in the devices and equipment of the means of transportation for their own needs shall not be deemed as infringement. This is also a restriction on patentees stipulated in the Paris Convention for the Protection of Industrial Property.
5. Use for non-commercial purposes.
Article 62 of the Patent Law stipulates that the use of relevant patents exclusively for scientific research and experiments is not considered infringement because the behavior is not commercial. Behavior. The use of patents for non-commercial purposes is nothing more than the development of sub-science and technology, the education and training of talents, and the encouragement of scientific research and experiments. It also includes the use of patents for educational purposes and the use of patents for personal or family purposes.
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