What does patent invalidation mean?

What does patent invalidation mean?

Patent invalidation means that from the date when the State Intellectual Property Office announces the grant of Patent rights, any unit or individual believes that the grant of patent rights does not comply with the requirements. As stipulated in the Patent Law, you can request the Patent Reexamination Board to declare the patent right invalid. The establishment of my country's patent invalidation system is to correct the State Intellectual Property Office's erroneous decision to grant patent rights to inventions that do not meet the conditions stipulated in the patent law and to maintain the fairness of patent rights granting.

Article 45 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.

Article 46 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 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 Reexamination Board to declare the patent right invalid or 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.

Article 47 A patent right declared invalid shall be deemed to have ceased to exist from the beginning.

The decision to declare the patent right invalid shall have been fulfilled or enforced for the patent infringement judgments and mediation documents made and executed by the People's Court before the patent right was declared invalid. Decisions on handling patent infringement disputes, as well as patent implementation licensing contracts and patent rights transfer contracts that have been performed, do not have retroactive effect. However, compensation should be provided for losses caused to others due to the bad faith of the patentee.

If 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.