The patent right is declared invalid, is the license contract valid?

According to the relevant laws of our country, any person or unit who finds that the grant of a patent does not meet the conditions for granting can apply to the relevant department for the invalidation of the patent, and the relevant department will make a declaration. In accordance with the relevant laws of our country, the patent shall be declared invalid. It is deemed that it did not exist from the beginning, and the licensing contract signed before the patent was declared invalid will not have legal effect after the patent is declared invalid. Below, the editor of Legal Savior Network will provide readers with relevant answers.

1. The patent right is declared invalid and the license contract is valid

1 . According to the relevant laws of our country, the invalidated patent right is deemed to have ceased to exist from the beginning. The license contract signed before the patent is declared invalid will not have legal effect after the invalidation.

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

Article 47 declared invalid The patent right shall be deemed to have ceased to exist from the beginning.

The decision to declare the patent right invalid shall have been performed or enforced on the patent infringement judgments and mediation documents made and executed by the People's Court before the patent right was declared invalid. The executed patent infringement dispute settlement decision, as well as the executed patent implementation license contract and Patent rights transfer contract, do not have retroactive effect. However, compensation should be provided for losses caused to others due to the bad faith of the patentee.

If patent infringement compensation, patent royalties, and patent rights transfer fees are not returned in accordance with the provisions of the preceding paragraph, which obviously violates the principle of fairness, all or part of the compensation shall be returned.

2. What is the procedure for invalidating a patent?

1. Formal examination

After receiving the request, the Patent Reexamination Board will first conduct a formal examination The review includes whether the patent targeted by the invalidation request has been authorized; whether the invalidation request meets the format requirements; whether the reasons for the invalidation request are legal reasons, etc.

2. Collegiate review

In the invalidation proceedings, the collegial panel usually only reviews the scope, reasons and submitted evidence of the parties’ request for invalidation.

Amendments to patent documents for inventions and utility models are limited to the claims and shall not expand the scope of patent protection or exceed the scope of the original disclosure.

The patentee responds to the request A request for invalidation filed by a person may be taken to narrow the scope of patent protection.

The patentee of an invention or utility model patent shall not modify the patent specification, drawings, appearance The patentee of a design patent is not allowed to modify pictures, photos and brief descriptions.

The parties may choose to settle.

3. Oral hearing

Parties may request an oral hearing (hearing in court) by a collegial panel based on the following reasons:

(1) One party requires face-to-face cross-examination and debate with the other party;

(2) The facts need to be explained to the collegial panel in person;

(3) Physical demonstration is required;

(4) Personnel who have given testimony are required Witnesses testify.

4. Invalidation request review decision

Invalidation request review decision points There are three types:

(1) Declaring all patent rights invalid;

(2 ) Declaring the patent right partially invalid;

(3) Maintaining the validity of the patent right.

Patent After the decision of the reexamination committee declaring the patent right invalid takes effect, it will be registered and announced by the State Intellectual Property Office.

Parties dissatisfied with the invalidation decision may file a lawsuit in court.

The above knowledgeThis is the editor’s answer to relevant legal issues. According to the relevant laws of our country, a patent right declared invalid is deemed to have ceased to exist from the beginning. A license contract signed before the patent is declared invalid will not have legal effect after it is declared invalid. of. If you need legal help, you are welcome to go to the Legal Savior Network for legal consultation.