What are the circumstances under which patents are invalid?

Nowadays, the Patents we apply for generally include three types: invention, utility model and design. Applying for patents is generally a form of protection for our own inventions, innovations or newly designed things, but not all patents All are valid, so what are the circumstances under which patents are invalid? The editor of Legal Savior Network has compiled the following content for you, hoping to help you.

What are the circumstances under which a patent is invalid

1. The subject does not meet the conditions for patent grant

Including: the subject matter of an invention or utility model does not possess novelty, creativity or practicality; the subject matter of a design patent does not possess novelty or conflicts with the legal rights previously obtained by others.

2. Illegal circumstances in patent application

The description does not fully disclose the invention or utility model; The claims of the authorized patent are not based on the description; the modification of the patent application 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 The book is unclear, not concise or lacks the necessary technical features to solve its technical problems;

3. Violation of mandatory provisions of the law

Including: situations that violate national laws, social ethics or harm public interests; scientific discoveries and other situations where patent rights are not granted by law;

4. The situation of repeated authorization

If two or more applicants apply for patents for the same invention and creation, the patent right shall be granted to the person who applied first, that is, the first person to apply for a patent. Patent rights for inventions are only granted 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.

Patent principles

Inventions and utility models granted patent rights should possess novelty, creativity and Practicality.

Novelty

Novelty means that the invention or utility model does not belong to the existing technology; no unit or individual has applied to the patent administration department of the State Council for the same invention or utility model before the application date, and it is recorded that it was published after the application date. In patent application documents or published patent documents.

Creativity

Creativity means that compared with the existing technology, the invention has outstanding essence Characteristics and significant progress, the utility model has substantive features and progress.

Practicality

The following conditions must be met for judgment:

The Patent Law stipulates: "Practiceability means that the invention or utility model can be manufactured or used and can produce positive effects."

Be able to Manufacturing or use means that the invention and creation can be manufactured in large quantities in the production of industry, agriculture and other industries, and applied in industrial and agricultural production and people's lives, while producing positive effects. It must be pointed out here that the patent law does not require that the invention or utility model has been produced and practiced before applying for a patent, but it requires analysis and inference that it can be realized in production in industry, agriculture and other industries.

Non-obviousness

Non-obvious: The patented invention must be obviously different from the prior art (prior art) ). Therefore, a patented invention must be a significant advancement in existing technology or knowledge, and cannot be just an obvious improvement of known technology or knowledge. Such regulations are to prevent inventors from filing patent applications for only minor modifications to existing products. If it can be easily accomplished by using known skills or being familiar with such technology, regardless of whether the effect is increased, it is not in line with the progressive spirit of the patent; and the idea that everyone in the professional or technical field can imagine is obvious and cannot be Patented.

Moderate disclosure

Moderate disclosure: In order to promote industrial development, the state gives the inventor exclusive benefits , and the inventor needs to fully describe the structure and application of his invention to facilitate others to implement the invention with the inventor's consent or after the patent expires, or realize the invention through patent authorization or reuse and reinvent. In this way, a valuable invention can contribute to the development of society and the country.

If you still have questions, you can consult online through lawyers on the Legal Savior Network. Legal consultation is welcome.