In any of the following circumstances, the request for invalidation shall not be accepted:
……
(3) The patentee requests to declare his patent right invalid, and all patents are declared invalid, and the evidence submitted is not public publication or the claimant is not all patentees who enjoy the patent right.
The patentee needs to meet the following three conditions if he wants to invalidate his patent. If any condition is not met, it cannot be invalidated.
1. is only partially invalid.
The invalidation of patent right and the abandonment of patent right complement each other. Invalidity can only be partially invalid, and giving up can only be giving up completely. The invalidation of patent right refers to the fee for submitting the request for invalidation, and there is no need to pay for the abandonment of patent right. If the patentee doesn't want his own patent, he can choose a convenient and economical way to give it up without going through a time-consuming and laborious invalid procedure. If the client is too persistent, there is probably something fishy in it. The relationship between invalidity and abandonment is that invalidity comes from nothing and nothing at all, while abandonment begins from the day it is abandoned. If the parties insist on invalidity, the biggest possibility is that there are problems during the period from authorization to invalidity. For example, if a patent is licensed, it will affect the interests of the licensee. Such a situation is not allowed, so invalidity can only be partially invalid.
The evidence has been published.
Among the reasons for invalidation, novelty and creativity are the most common. There is a lot of evidence that undermines novelty and creativity, such as using propaganda or other means. Many of these evidences are in the hands of the patentee, and others are not necessarily clear. In order to prevent the patentee from talking to himself, there must be evidence restrictions. If the evidence is published publicly, then these things are beyond the control of the patentee himself, so they can be used as evidence.
3. If the patent right belongs to * * *, the claimant needs to be the owner of * * *.
It is easy to understand that the punishment of rights is of great importance and needs to be implemented by someone.