Patent settlement

When you receive a copy of a document declaring your patent invalid from the China Patent Office, the patentee should carefully read and analyze the main reasons for declaring your patent invalid put forward by others, and prepare and write a statement of defense opinions in a targeted manner. The patentee should carefully read and understand the comparison document, analyze the essential difference between his claim and the existing technology, and then determine whether the reasons put forward by the other party are valid or not, and whether it will undermine the patentability of this patent. At the same time, the patentee analyzes whether the evidence provided by the other party is true and sufficient. In a word, through analysis, the patentee can know fairly well before making a decision. If the patentee finds that the reasons put forward by others are not valid and the evidence provided is untrue and insufficient, the patentee may begin to prepare a statement of defense opinions and request the Patent Office to reject the invalid request.

The reason for the request for invalidation refers to that the invention-creation granted a patent has one of the following circumstances:

The invention patent granted by (1) is not novel, creative and practical;

(2) The patent application for which the patent right is granted is an existing design, and there is no obvious difference or conflict with the prior legal right;

(3) The patented invention patent or utility model patent is not a new technical scheme, and the patented patent application for design has no aesthetic feeling or is not a new design;

(four) the invention patent or utility model patent that has been granted a patent right has not been examined in a confidential manner, and has applied for a patent in a foreign country;

(5) The application documents for the invention patent or utility model patent granted with patent right are unclear, incomplete and impossible to realize, and the claim is not based on instructions, clear and concise;

(6) The patented design patent does not clearly indicate the product to be protected;

(seven) the modification of the patent application documents is beyond the scope recorded in the original application documents;

(8) The independent claim does not reflect the technical scheme of the invention patent or utility model as a whole, but records the necessary technical features for solving technical problems;

(nine) the documents of the divisional application are beyond the scope recorded in the original application;

(10) The invention patent creation violates national laws, social morality or harms public interests;

(1 1) does not belong to the scope of patent authorization and violates the provisions of Article 25.

[1] After the applicant's application for invalidation of the patent right is accepted by the Patent Application Reexamination Board, the applicant may supplement, modify or supplement the evidence within one month from the date of acceptance. If new evidence is provided or the original evidence is modified or supplemented beyond the prescribed one-month period, the Patent Application Reexamination Board may not consider it.