1. Under what circumstances will the examination procedure for patent invalidation request be terminated
1 The circumstances under which the examination procedure for a patent invalidation request is terminated are as follows:
(1) The petitioner withdraws the invalidation request before the Patent Reexamination Board makes an examination decision on the request for invalidation. If a declaration is requested, the invalidation declaration procedure is terminated.
(2) If the petitioner fails to reply to the oral hearing notice within the specified time limit and does not participate in the oral hearing, and his request for invalidation is deemed to have been withdrawn, it shall be invalid. Declare the program to terminate.
(3) If an accepted invalidation request is rejected because it does not meet the acceptance conditions, the invalidation procedure shall be terminated.
(4) For the reason for invalidation of a patent that does not comply with paragraph 1 of Article 13 of the Implementing Rules of the Patent Law, the patentee shall have If the patent right is abandoned, the invalidation procedure will be terminated.
(5) After the Patent Reexamination Board makes a review decision on the request for invalidation, the party concerned fails to submit the review decision to the people within three months from the date of receipt of the review decision. If the court files a lawsuit, or the people's court makes an effective judgment upholding the review decision, the invalidation procedure will be terminated.
(6) After the Patent Reexamination Board makes an examination decision declaring all patent rights invalid, the party concerned fails to submit the examination decision to If the People's Court files a lawsuit, or the People's Court makes an effective judgment upholding the review decision, all other invalidation procedures for the patent right will be terminated.
2. Legal basis: "Implementing Rules for the Patent Law of the People's Republic of China"
Seventh Article 12 Before the Patent Reexamination Board makes a decision on the request for invalidation, the person requesting invalidation may withdraw his request.
If before the Patent Reexamination Board makes a decision, the invalidation requester withdraws his request or his invalidation request is deemed to have been withdrawn, the invalidation request review procedure shall be terminated. However, if the Patent Reexamination Board believes that it can make a decision to declare the patent right invalid or partially invalid based on the examination work that has been carried out, the examination procedure will not be terminated.2. What are the reasons for requesting patent invalidation?
1. The subject matter does not meet the conditions for patent grant, including: the subject matter of an invention or utility model does not have novelty, creativity or practicality; the subject matter of a design patent does not It is novel or conflicts with the previously acquired legal rights of others.
2. Illegal situations in patent applications: the description does not fully disclose the invention or utility model; the claims of the authorized patent are not based on the description; the patent application The modification of the document exceeds the prescribed scope; the subject matter of the patent does not meet the definition of invention, utility model or design; the principle of negotiation and authorization of simultaneous applications; the claims of the authorized patent are unclear, not concise or lack the need to solve its technical problems Technical characteristics;
3. Violations of mandatory legal provisions, including: violations of national laws, social ethics or harm to public interests; scientific discoveries and other legal provisions Situations in which patent rights are not granted;
4. Situations in which repeated authorization occurs: If two or more applicants apply for patents for the same invention and creation, the patent right is granted The first person to apply, that is, an invention-creation is only granted a patent right to one person (the first person to apply). Inventions, utility models and designs cannot obtain patent rights under the above circumstances. If patent rights have been obtained, they can be declared invalid.
According to the provisions of the "Patent Law Implementing Rules", before the Patent Reexamination Board makes a decision, the invalidation requester withdraws his request or his invalidation request is deemed to have been withdrawn. In other circumstances, the invalidation request review process will be terminated. I hope the above content can be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior website to consult a professional lawyer.
