1. What legal provisions require patents to be declared invalid?
1. According to legal provisions, the reason for a patent to be declared invalid is that an entity or individual believes that the grant of patent rights does not comply with the relevant provisions of the Patent Law, and after review by the National Patent Reexamination Board, the objection is established. The decision to declare the patent right invalid shall be registered and announced by the patent administration department of the State Council.
2. Legal basis: "Patent Law of the People's Republic of China"
Forty-fifth Article 1: From the date when the patent administration department under the State Council announces the grant of a patent right, any unit or individual that believes that the grant of the patent right does not comply with the relevant provisions of this Law may request the patent administration department under the State Council to declare the patent right invalid.
Article 46: The patent administration department of the State Council shall promptly review and make a decision on a request to declare a patent invalid, and notify the requester and patentee. The decision to declare the patent right invalid shall be registered and announced by the patent administration department of the State Council. If you are dissatisfied with the decision of the Patent Administration Department of the State Council to declare the patent right invalid or to maintain the patent right, you 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.
2. What are the circumstances under which a patent is declared invalid?
1. The subject matter does not meet the conditions for patent grant, including: invention, The subject matter of a utility model does not possess novelty, creativity or practicality; the subject matter of a design patent does not possess novelty or conflicts with the legal rights previously obtained by others.
2. Discrepancies in patent applicationLegal situation: the description does not fully disclose the invention or utility model; 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 does not meet the definition of invention, utility model or design; The principle of negotiation and authorization of simultaneous applications; the claims of the authorized patent are unclear, unconcise or lack the necessary technical features to solve the technical problems;
3. Violation of the law Mandatory stipulations include 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 to the first person to apply. That is, an invention and creation is only granted patent right to one person (the first person to apply). . Inventions, utility models and designs cannot obtain patent rights under the above circumstances. If patent rights have been obtained, they can be declared invalid.
If you or your family and friends encounter similar problems in real life, you can directly contact the local people's court or public security agency. 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 website to consult a professional lawyer.
