What are the circumstances under which requests for invalidation of patent rights will not be accepted
Patents Requests for invalidation will not be accepted under the following three circumstances:
1. If the request for invalidation is not for a patent that has been announced and authorized, it will not be accepted. The petitioner can request invalidation of a patent that has been terminated or abandoned;
Second, the patent that is requested to be invalidated has been issued an effective decision by the Patent Reexamination Board. If the request for invalidation is reviewed and decided to declare all invalid, it will not be accepted. After the Patent Reexamination Board makes a decision to invalidate part of the patent right, the petitioner may file an invalidation request for the claims that are maintained valid by the decision;
3. If a patentee files a request for invalidation of its patent rights, it will not be accepted if the request is to declare all patent rights invalid, the evidence submitted is not a public publication, or the requester is not all patentees of a jointly owned patent right.
Patent invalidation declaration
The patent right has been approved by the Patent Administration of the State Council After the department grants and announces it, any unit or individual that believes that the patent right does not comply with the provisions of the "Patent Law of the People's Republic of China" and its implementation rules may request the Patent Reexamination Board of the State Council to declare the announced patent invalid from the date of announcement. The invalidation of a patent right shall be made by the Patent Reexamination Board and registered and announced by the Patent Administration Department of the State Council. To declare the invalidation of a patent right to the Patent Reexamination Board of the State Council, the applicant should submit a written application and attach relevant evidence in duplicate. The application should specify the reasons for the invalidation and indicate the evidence on which each reason is based.
The reason for invalidation request is that the invention-creation for which the patent is granted has one of the following circumstances
(1) The invention patent or utility model patent application for which the patent right is granted does not have novelty, creativity or practicality;
(2) The application for which the patent right is granted The design patent application is an existing design that has no obvious difference or conflicts with previously obtained legal rights;
(3) Inventions for which patent rights are granted The patent or utility model patent is not a new technical solution, and the design patent application for which the patent right is granted is not aesthetically pleasing or is not a new design;
(4) Patent granted Apply for a foreign patent for an invention patent or utility model patent that has been granted a patent right without undergoing confidentiality review;
(5) An invention patent or utility model patent that has been granted a patent right The application documents are unclear, incomplete, and unimplementable, and the claims are not based on the description, are unclear, and are not concise;
(6) Patent rights are granted The design patent does not clearly show the product claimed;
(7) The modifications to the patent application documents exceed the scope recorded in the original application documents;
(8) The independent claim does not reflect the technical solution of the invention patent or utility model as a whole, and records the necessary technical features to solve the technical problem;
(9) The documents of the divisional application exceed the scope recorded in the original application;
(10) The invention patent creation violates national laws , social morality or harming public interests.
The above is what the editor of Legal Savior Network introduces to you "What are the situations in which patent invalidation requests will not be accepted?" "Legal knowledge. If you encounter such problems, please read the above content carefully. Then I hope that the answers provided by the editor of Legal Savior Network above can solve your problem. If your situation is more complicated, Legal Savior Network also provides lawyers Online consultation service, you are welcome to have legal consultation.
