Adjustment of invalid patent price in Hangzhou

Article 65 of the Detailed Rules for the Implementation of the Patent Law stipulates that, in accordance with the provisions of Article 45 of the Patent Law, if a patent right is requested to be invalidated or partially invalidated, a request for invalidation of the patent right and necessary evidence shall be submitted to the Patent Reexamination Board in duplicate. The request for invalidation shall clearly state the reasons for the request for invalidation, and in combination with all the evidence that has been confirmed, clearly state the evidence on which each reason is based.

The reasons for the request for invalidation include:

(1) does not conform to the provisions of Article 2 of the Patent Law, that is, the invention-creation granted a patent right does not belong to the protected object of inventions, utility models and designs;

(2) It does not conform to the provisions of the first paragraph of Article 20 of the Patent Law, that is, any unit or individual applies for a patent for an invention or utility model completed in China to a foreign country, but fails to report it to the patent administration department of the State Council for confidentiality review in advance;

(3) It does not conform to the provisions of Article 22 of the Patent Law, that is, the invention or utility model patent granted with a patent right does not have novelty, creativity and applicability;

(4) It does not conform to the provisions of Article 23 of the Patent Law, that is, the design patent granted the patent right is an existing design, and there is no obvious difference or conflict with the prior legal right;

(5) It does not conform to the provisions of the third paragraph of Article 26 of the Patent Law, that is, the description of the invention or utility model patent granted with patent right is unclear and incomplete, which makes it impossible for technicians in this field to realize it;

(6) does not conform to the provisions of the fourth paragraph of Article 26 of the Patent Law, that is, the claim of the patent for invention or utility model is not based on the specification, and the scope of protection of the claim is not clear;

(7) does not conform to the provisions of the second paragraph of Article 27 of the Patent Law, that is, the design patent granted the patent right does not clearly indicate the product to be protected;

(8) It does not conform to the provisions of Article 33 of the Patent Law, that is, the modification of the patent application document is beyond the scope recorded in the original application document;

(nine) does not conform to the provisions of the second paragraph of Article 20 of the Detailed Rules for the Implementation of the Patent Law, that is, the independent claim of the invention or utility model patent that has been granted a patent right lacks the necessary technical features to solve technical problems;

(10) does not conform to the first paragraph of Article 43 of the Detailed Rules for the Implementation of the Patent Law, that is, the invention or utility model patent granted with patent right is a divisional application, and the contents of the divisional application are beyond the scope of the original application;

(1 1) belongs to the provisions of Article 5 of the Patent Law, that is, the invention or utility model patent granted a patent right is an invention-creation that violates the law, social morality or hinders the public interest;

(12) belongs to Article 25 of the Patent Law, that is, a patent for invention or utility model belongs to any one of scientific discovery, laws and methods of intellectual activities, methods of diagnosis and treatment of diseases, species of animals and plants, substances obtained by nuclear transformation, designs that mainly mark the patterns and colors of plane printed matter, or their combinations;

(13) If the patent right cannot be obtained according to Article 9 of the Patent Law, the same invention-creation is repeatedly authorized.