1. What are the circumstances for giving up patent rights?
Patent is a very important personal right, so the law has very strict regulations on patent applications. Some actions may even lead to the applicant being deemed to have given up the patent right. So, what are the circumstances in which the patent right is given up? The specific circumstances of giving up the patent right are as follows:
1. After the Patent Office issues a notice of granting the patent right, if the applicant fails to complete the registration procedures within the prescribed time limit, shall be deemed to be a waiver of the right to obtain patent rights. The Patent Office will notify the applicant within one month after the expiration and specify the legal procedures for restoring rights. If the patent office has not received a request for restoration of rights after the expiration of four months from the date of issuance of the notice, the patent application file will be transferred to the invalid file database.
2. For invention patent applications, before transferring the patent application files to the invalidation file database, announcing the invention patent application in the Patent Gazette shall be regarded as giving up the patent. right.
3. For utility model and design patent applications, if the applicant fails to pay or fails to pay in full the patent registration fee, announcement printing fee and annual fee for the year of authorization, Or for invention patent applications, if the applicant fails to pay or fails to pay in full the patent registration fee, announcement printing fee, annual fee for the year of authorization and application maintenance fee for each year except the year of authorization, it will be deemed that the registration procedures have not been completed. If the applicant has paid the above fees but has not paid the patent certificate stamp tax, he will not be able to receive the patent certificate, but the registration and announcement procedures for the grant of patent rights will continue as usual. The patent certificate will be reissued to the applicant after the patent certificate stamp tax is paid.
2. Relevant legal provisions
"Patent Law"
Article 9
Only one patent right can be granted for the same invention-creation. However, if the same applicant applies for both a utility model patent and an invention patent for the same invention-creation on the same day, the utility model patent right obtained first has not been terminated, and the application If a person 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 granted to the person who applies first.
Article 44
In any of the following circumstances, the patent right shall be terminated before the expiration of the term: ( 1) Failure to pay annual fees in accordance with regulations; (2) The patentee gives up its patent rights in a written statement. If the patent rights are terminated before the expiration of the term, it shall be registered and announced by the Patent Administration Department of the State Council.
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 Reexamination Board to declare the patent right invalid.
"Implementing Rules for the Patent Law of the People's Republic of China"
Article 54
After the patent administration department of the State Council issues a notice granting the patent right , the applicant shall complete the registration formalities within 2 months from the date of receipt of the notification. If the applicant completes the registration formalities on time, the patent administration department of the State Council shall grant the patent right, issue a patent certificate, and make an announcement. If the applicant fails to complete the registration formalities upon expiration, is deemed to have given up the right to obtain patent rights.
Through the above introduction, I believe you have an understanding of the circumstances in which patent rights are given up and the relevant laws. You already have a certain understanding of the content, but if you encounter a more complicated situation in life, it is recommended that you go to the Legal Savior website for online lawyer consultation. According to your needs, there will be professional lawyers for you. Offer to help.
