1. What are the circumstances that lead to the invalidation of patent rights?
1. The circumstances under which patent rights are invalid include: 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 have novelty or conflicts with the legal rights previously obtained by others; there are illegal acts in the patent application ; Violation of mandatory legal provisions; Duplicate authorization.
2. Legal basis: "Patent Law of the People's Republic of China"
Forty-fifth Article 1 From the date when the patent administration department under the State Council announces the grant of a patent right, any unit or individual that believes that the grant of the patent right does not comply with the relevant provisions of this Law may request the patent administration department under the State Council to declare the patent right invalid.
Article 46 The patent administration department of the State Council shall promptly review and make a decision on a request to declare the patent right invalid, and notify the requester 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. Who are the parties who apply for invalidation of patent rights?
1. From the date when the patent administration department of the State Council announces the grant of a patent right, any unit or individual believes that the grant of the patent right does not comply with the relevant provisions of this Law. , you can request the Patent Reexamination Board to declare the patent right invalid.
2. But, if the petitioner falls into any of the following circumstances, his request for invalidation will not be accepted:
(1) The petitioner does not have the qualifications to be the subject of civil litigation.
(2) Request to declare the design patent right invalid on the ground that the design for which the patent right is granted conflicts with the legal rights obtained by others before the filing date, However, the petitioner cannot prove that he is the prior right holder or interested party.
Among them, interested parties refer to people who have the right to file a lawsuit with the People's Court or request relevant administrative departments to handle disputes involving infringement of prior rights in accordance with relevant legal provisions. .
(3) The patentee files a request for invalidation of its patent rights and requests that all patent rights be declared invalid. The evidence submitted is not a public publication or the requester Not all patentees who share the patent rights.
(4) Multiple requesters jointly file a request for invalidation, except for requests filed by all patentees for their common patent rights.
From the date when the Patent Administration Department of the State Council announces the grant of a patent right, any unit or individual that believes that the grant of the patent right does not comply with the relevant provisions of this Law may request The Patent Reexamination Board declared the patent invalid. The Patent Reexamination Board shall promptly review and make a decision on a request to declare the patent right invalid, and notify the requester and patentee. The decision to declare the patent right invalid shall be registered and announced by the patent administration department of the State Council. 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.
