Invalid patents will also appear in patent transactions. What kind of patent is invalid?

1, utility model patents and appearance patents are not examined in substance, that is, whether they are novel or not, which has caused many utility models and appearance patents to be in fact not patented, that is to say, they could not be patented originally. Therefore, before bringing an infringement lawsuit, the law requires that the patent for utility model should be inquired in the patent office whether the patent for utility model is novel and creative. If the patent does not have novelty after retrieval, it means that the patent is invalid. In addition, appearance patents are as unstable as utility model patents and are easily invalidated. Invention patents are subject to substantive examination, and it is necessary to conduct a worldwide search in a vast number of patent documents to see whether the patents are novel and creative. However, it is not uncommon for examiners to miss judgments, and it is not uncommon for invention patents to be found invalid in patent litigation.

2. Even a valid patent may be invalid for other reasons. For example, the patentee fails to pay the annual patent fee as required. Paying the patent fee every year is to urge the patentee to actually produce social benefits as soon as possible. However, the actual utilization rate of patents in China is less than 10%, and the patentee can't see the economic benefits brought by the patent and has to pay the annual patent fee every year, so the patentee will not pay the annual patent fee. In practice, many units and individuals forget to pay the annual patent fee, which leads to the invalidation of the patent.

3. If the patentee gives up the patent himself, the patent will also be in an invalid state. At present, no one has voluntarily given up their patent rights, and they need to go through certain procedures before they can announce their abandonment. So if you really want to give up, more people will choose not to pay the annual fee to give up the patent right. However, after the patentee transfers or licenses the patent, it may voluntarily give up the patent for some reason.

4. In practice, we have seen such cases. The patent itself is valid, but due to the major flaws in the writing of the claim, the patent actually becomes meaningless, that is, there is no difference between the patent and the invalid patent.

There is also a rare situation that the patent has passed the protection period. After the patent has passed the protection period, the technology has entered the field of * * *, and anyone can use the patent without the consent of the patentee and without paying any fees. A technology license usually contains a series of patents, some of which may have expired, so there is no need to pay for patents.

You probably know what an invalid patent is through the above introduction, but there may be omissions. For details, please consult the professional patent trading platform.