1. When can you submit comments to the patent department on an illegal patent application
1. From the date of publication of the invention patent application to the date of announcement of the grant of patent rights, anyone may submit opinions to the Patent Administration Department of the State Council on patent applications that do not comply with the provisions of the Patent Law and explain the reasons.
2. Legal basis: "Implementing Rules for the Patent Law of the People's Republic of China"
Fourth Article 18 From the date of publication of an invention patent application to the date of announcement of the grant of patent rights, anyone may submit opinions to the patent administration department of the State Council and explain the reasons for patent applications that do not comply with the provisions of the Patent Law.
2. What are the circumstances under which patent rights are invalid
1. The subject does not meet the conditions for patent grant
Including: the subject matter of the invention or utility model does not meet the patent granting conditions
Possess novelty, creativity or practicality; the subject matter of the design patent does not possess novelty or conflicts with the legal rights previously obtained by others.
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 principle of authorized patent The claims are unclear, not concise or lack the necessary technical features to solve the 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. 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 are only granted to one person (the first person to apply) for inventions and creations. Patent rights cannot be obtained for inventions, utility models and designs in the above circumstances. If patent rights have been obtained, they can be declared invalid.
According to the provisions of the "Patent Law Implementing Rules", from the date of publication of the invention patent application to the date of announcement of the grant of patent rights, anyone may file a patent application that does not comply with the provisions of the Patent Law. The Patent Administration Department of the State Council puts forward its opinions and explains the reasons. 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 Network to consult a professional lawyer.
