1. The patent has expired.
According to China's current Patent Law, the patent right of invention patent is valid for 20 years, and the patent right of utility model and design is 10 year. According to the Patent Law promulgated by 1984, the validity period of the invention patent is 15 years, and the validity period of the utility model and design patent is 5 years (it can be extended for 3 years before the expiration), counting from the application date.
2. The patentee terminates the patent right in advance and becomes an invalid patent. ?
Although the Patent Law stipulates the term of validity, most patentees terminate their patents before the term expires. ? Under what circumstances should the patentee terminate the patent right before the expiration of the time limit?
A. Failing to pay the annual fee as required;
The patentee waives his patent right in writing.
(1) found that the original invention was not advanced enough and needed improvement, or found that other people's inventions were more advanced;
(2) implementation difficulties. Including self-implementation and technology transfer? If it is difficult to implement and the annual patent fee is paid every year, the patent right will have to be abandoned.
3. The patent applicant has applied for a patent, but gave up the patent right and became an invalid patent. ?
For utility models and designs, when the Patent Office made the decision to grant the patent right, the patent applicant failed to pay the patent certificate fee and annual fee? And can't get the patent right; However, the invention patent has not been submitted for substantive examination, and it is impossible to obtain a patent right. The reasons for the patent applicant to give up the patent right are basically the same as those for early termination.
To be precise, this cannot be called invalid patent. It can only be called "invalid patent application". Because it has never been patented. After 1 99365438+1October1,unauthorized patent applications for utility models and designs will no longer be published, and the public will naturally not know. In the patent application documents published after the filing date and known to the public, only the invention content of the application for a patent for invention can be recorded.
4. Being declared invalid by the Chinese Patent Office and becoming an invalid patent; ?
According to Article 48 of the Patent Law: "After the Patent Office announces the grant of the patent right, any unit or individual may request the Patent Reexamination Board to declare the patent invalid if it thinks that the grant of the patent right is not in conformity with the relevant provisions of this Law." Invalid statement? The reason is that it does not conform to the provisions of Article 22, Article 23, Paragraph 3, Paragraph 4 and Article 33 of the Patent Law or Article 2 and Paragraph 1 of Article 12 of the Detailed Rules for the Implementation of the Patent Law, or does it belong to the provisions of Article 5 of the Patent Law? Article 25? Article, or in accordance with the provisions of Article 9 of the Patent Law, the patent right cannot be obtained. Because the patent declaration is completely invalid and partially invalid, the resulting invalid patent is also completely invalid and partially invalid.