After a patent is invalidated, it may not necessarily become a publicly known technology. The details are as follows:
1. The invalidated patent right is deemed to have ceased to exist from the beginning;
2. After the patent application document is published, it becomes a publicly known technology. If the patent is not authorized, it is publicly known and disclosed. After improvement and improvement, you can apply again and apply for a utility model patent;
3. Patent expiration and There is a difference between invalid ones. Intellectual property rights include patents, trademarks, copyrights, etc. One of the characteristics of intellectual property rights is timeliness, that is, its value has a statutory validity period. After the statutory protection period expires (copyrights and patents have different periods) , intellectual property rights enter the public domain, that is, publicly known technology, and anyone can use it free of charge.
Legal Basis
"Patent Law of the People's Republic of China"
Article 26 To apply for an invention or utility model patent, a request must be submitted Documents such as book, description, abstract and claims.
The request shall state the name of the invention or utility model, the name of the inventor, the name and address of the applicant, and other matters.
The description shall provide a clear and complete description of the invention or utility model, which shall be subject to the ability of a skilled person in the relevant technical field to realize it; when necessary, there shall be accompanying drawings. The abstract should briefly describe the technical key points of the invention or utility model.
The claims should be based on the description and clearly and briefly define the scope of patent protection requested.
For inventions and creations that rely on genetic resources, the applicant shall state the direct source and original source of the genetic resource in the patent application document; if the applicant cannot explain the original source, the applicant shall state the reasons. Article 34 After receiving an invention patent application, the patent administration department of the State Council shall, upon preliminary examination, deem it to be in compliance with the requirements of this Law. It shall be published immediately after eighteen months from the date of application. The patent administration department of the State Council may publish the application as early as possible upon the applicant's request. Article 35 Within three years from the date of application for an invention patent, the patent administration department of the State Council may conduct a substantive examination of the application based on the request made by the applicant at any time; if the applicant fails to request substantive examination beyond the time limit without justifiable reasons, the application shall be deemed invalid. considered withdrawn.
When the patent administration department of the State Council deems it necessary, it may conduct a substantive examination of an invention patent application on its own. Article 47 A patent right declared invalid shall be deemed to have ceased to exist from the beginning.
The decision to declare the patent right invalid, the judgment and mediation letter on patent infringement made and executed by the People's Court before the declaration of the patent right invalid, the patent infringement dispute resolution decision that has been executed or enforced, and the decision on patent infringement dispute that has been executed The executed patent 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.