1. Whether invalid patent rights are retroactive
1. Basis According to the relevant laws of our country, the decision to declare the patent right invalid shall not have retroactive effect on the legal documents issued and executed by the people's court before the patent right was declared invalid, and the patent contracts that have been performed shall not have retroactive effect.
2. Legal provisions: "Patent Law of the People's Republic of China"
47 A patent right declared invalid by this Article shall be deemed to have ceased to exist from the beginning.
The decision to declare the patent right invalid shall have been performed or enforced on the patent infringement judgments and mediation documents made and executed by the People's Court before the patent right was declared invalid. The executed patent infringement dispute settlement decision, as well as the executed patent implementation license contract and patent rights transfer contract, 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.
2. What is the procedure for invalidating patent rights
1. In order to correct possible erroneous authorizations made by the Patent Office, the Patent Law not only stipulates the procedure for revocation of patent rights, but also stipulates the procedure for invalidation of patent rights.
2. After 6 months from the date of announcement of authorization by the Patent Office, any unit or individual believes that the grant of the patent right does not comply with the relevant provisions of the Patent Law. , you can request the Patent Reexamination Board to declare the patent right invalid or partially invalid. Both procedures occur after announcement of authorization, and the patent right that is declared invalid is deemed to have ceased to exist from the date of filing.
3. The purpose of setting up the patent invalidation procedure and the revocation procedure is the same, but there are differences between the two procedures. First, the invalidation procedure is filed six months after the date of authorization announcement by the Patent Office, and a request for invalidation can also be filed after the patent right is terminated. Secondly, the reasons for requesting invalidation not only include all the reasons for requesting revocation, but also include insufficient disclosure; modification beyond the scope of the original disclosure; repeated authorization of the same invention-creation; the person granted the patent right for the invention-creation is not the first person to apply. Wait for reasons.
4. If the invalidation requester or the patentee is dissatisfied with the decision of the Patent Reexamination Board to maintain the patent right or declare the patent right invalid, he may also file an application with the People's Court Prosecution.
The above knowledge is the editor’s answer to relevant legal issues. According to the relevant provisions of our country’s laws, the decision to declare the patent right invalid will be of great significance to the decision to declare the patent right invalid. Legal documents issued and executed by the former People's Court, already performed, and already performed patent contracts do not have retroactive effect. If you need legal help, you are welcome to go to the Legal Savior Network for legal consultation.
