1. What are the legal consequences of patent invalidation
1. Legal analysis : The legal consequences of invalidating a patent right are as follows: the invalidated patent right is deemed to have ceased to exist from the beginning; the decision to invalidate the patent right is a judgment and mediation on patent infringement made and executed by the People's Court before the patent right was declared invalid. Letters, patent infringement dispute settlement decisions that have been performed or enforced, and patent implementation licensing contracts and Patent rights transfer contracts that have been performed have no retroactive effect. However, losses caused to others due to the bad faith of the patentee shall be compensated; if the patent infringement compensation, patent royalties, and patent rights transfer fees are not returned in accordance with the provisions of the preceding paragraph, which is a clear violation of the principle of fairness, all or part of the compensation shall be returned.
2. Legal basis: Article 47 of the "Patent Law of the People's Republic of China", a patent right declared invalid is deemed to have never existed from the beginning. Decisions to declare the patent right invalid, judgments and mediation documents on patent infringement made and executed by the People's Court before declaring the patent right invalid, decisions on patent infringement disputes that have been executed or enforced, as well as executed patent implementation licensing contracts and Patent rights transfer contracts do not have retroactive effect. However, compensation should be provided for losses caused to others due to the bad faith of the patentee. If the patent infringement compensation, patent royalties, and patent rights transfer fees are not returned in accordance with the provisions of the preceding paragraph, which obviously violates the principle of fairness, all or part of the compensation shall be returned.
2. What are the circumstances under which a patent is invalid?
1. The subject does not meet the conditions for patent grant
Includes: 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 is a collaboration with others that has been previously obtained.conflict with legal rights.
2. Illegal situations in patent applications
The description does not fully disclose the invention or utility New type; 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 right does not meet the definition of invention, utility model or design; the principle of negotiation and authorization of simultaneous applications; the authorization of the patent The claim 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. Duplicate authorization
If two or more applicants apply for patents for the same invention and creation, the patent right is granted first The person who applies, that is, an invention-creation is only granted a patent right to one person (the person who applies first). Inventions, utility models and designs cannot obtain patent rights under the above circumstances. If patent rights have been obtained, they can be declared invalid.
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