First, the process of invalid patent application
(A) the start of invalid procedures
The invalidation procedure shall start at any time from the date when the patent administrative department of the State Council grants the patent right, and may last until the patent right is terminated. Because the decision to examine the request for invalidation can affect some matters before the termination of the patent right, it is allowed to make the request for invalidation after the termination of the patent right.
The subject of invalidation procedure: including any unit or individual, but according to the provisions of the Patent Examination Guide, the patentee shall not declare all his patents invalid.
(2) Examination of the request for invalidation
After the Patent Reexamination Board accepts the request for invalidation through formal examination and starts the procedure of invalidation, it will form a collegial panel to examine the case of the request for invalidation. Most cases are reviewed by a collegial panel composed of three people (team leader, presiding judge and jurors). Only a few serious cases are reviewed by a collegial panel of five people (1 team leader, 1 presiding judge and three jurors).
(3) the decision on examining the request for invalidation.
After examination, the collegial panel made a decision to examine the request for invalidation.
There are three types of decisions to examine the request for invalidation;
One is to declare all patents invalid, the other is to declare some patents invalid, and the third is to maintain the validity of patents.
(4) Subsequent judicial relief procedures.
According to the relevant provisions of China's patent law, if you are not satisfied with the decision of the Patent Reexamination Board to declare the patent right invalid or maintain the patent right, you can bring a lawsuit to the people's court with the Patent Reexamination Board as the defendant within 3 months from the date of receiving the notice.
The court accepting the lawsuit and the nature of the lawsuit are the same as those filed against the review decision. It should be noted that the other party to the invalid procedure participated in the lawsuit as a third party.
The detailed rules for the implementation of the patent law clearly stipulate the circumstances in which a patent is declared invalid, mainly including nine situations. The application for patent invalidation should also be carried out according to a certain process. At this time, individuals and units can apply for patent invalidation, but as patent persuaders, they cannot declare all their patents invalid. When the application is declared invalid, a reasonable explanation should also be made, and relevant supporting documents and the facts on which it is based should be attached.
Second, what are the legal consequences of invalid patents?
When a patent is declared invalid, it means that the law will not protect the patent, and the legal consequences of the invalidation of a specific patent are as follows: First, the invalid patent right is regarded as nonexistent from the beginning. That is, it is legally recognized that the patent right is not legally binding from the beginning of authorization, rather than losing its legal effect after being declared invalid, that is, the invalidation of the patent right has retrospective effect. Second, but the following three situations are not retroactive, including: (1) patent infringement judgments and rulings made and executed by the people's court before the patent right is invalid are not retroactive. (2) The invalidation of the patent right has no retrospective effect on the decision on handling patent infringement disputes that have been performed or executed. (3) If the patent licensing contract or the patent right transfer contract has been performed, the invalidation of the patent right shall not be retroactive.
3. Materials to be prepared for invalid patent application.
(1) the personal identity certificate or business license and legal person certificate of the client;
(two) the patent certificate of the patentee and the announcement document of the patent authorization.
(3) Patent documents previously published, scientific and technological documents previously published, known technologies and other technical materials related to invalid patents.
(four) when the patent is invalid and involves infringement disputes, the client shall also provide the following information:
1. Customer's products, photos, product manuals and other materials.
2. All documents served by the people's court, including the petition.
3. Description of the production and operation, technical source, time and production preparation of the products accused of infringement by the client.
The above is about the invalid patent application process. What does that mean? The whole content. Anyone who refuses to accept the decision of the Patent Reexamination Board to declare the patent right invalid or maintain the patent right may bring a lawsuit to the people's court within three months from the date of receiving the notice. If you have any other patent problems, please consult Intellectual Property, and we will have professional intellectual property consultants to help you.
The patent application process is invalid.