What are the reasons why the patent is invalid?
Invalid patent means that the patent does not exist, but it does not mean that the patent is useless. Because the patent is invalid, others no longer need to pay the original patentee's fee when using it, which can create more economic benefits. So, what are the reasons why the patent is invalid? The following eight quit intellectual property and you know the relevant legal knowledge together. Reasons for invalidation of patent 1. The patent has exceeded the time limit stipulated in the patent law. The protection period of invention patents in China is 20 years, and that of utility models and designs is 10 year. After the expiration of its effective protection, the patent no longer enjoys the exclusive right granted by the patent law, and falls into the well-known technical field, and the public can use it for free. 2. The patent applicant abandons (1) the utility model and design after submitting the application and before obtaining the authorization. When the Patent Office makes the decision to grant the patent right, the patent applicant cannot obtain the patent right without paying the patent certificate fee and annual fee; (2) The invention patent cannot be obtained without substantive examination. 3. Article 45 of the Patent Law, which has been declared invalid by others, stipulates that any unit or individual may request the Patent Reexamination Board to declare the patent right invalid if it thinks that the grant of the patent right is not in conformity with the relevant provisions of this Law from the date when the patent administration department in the State Council announces the grant of the patent right. Bajie's intellectual property rights especially remind us that because the patent declaration is completely invalid and partially invalid, the resulting invalid patents are also completely invalid and partially invalid.