The first utility of invalid patent: any unit or individual can use it for free, thus obtaining economic benefits. Patent right is a kind of property right, which is exclusive. Without the permission of the patentee, no unit or individual may exploit its patent. Invalid patents lose this right, that is, they lose the protection of patent law, and any unit or individual can use them free of charge.
The second utility of invalid patents: any unit or individual can improve invalid patents and implement them free of charge. In the patent licensing trade, there is a way: the patentee of the original invention and the patentee of the improved invention need to reach an agreement, because the innovator is an improvement on the basis of the original invention, and the innovator must pay a certain patent technology use fee to the original inventor during the implementation process (including self-implementation and technology transfer). For example, suppose there is no cup for water. A invented the cup, B improved the cup and added the handle. The cup with handle will improve the function of the cup: it is convenient to take water; A cup filled with hot water is not afraid of scalding. However, it is impossible for the handle to exist independently from the cup, otherwise the function of the handle will be lost. That is to say, B has improved A's invention and made a new invention, and it is impossible to be separated from A's invention. If A's invention becomes an invalid patent, there is no need to pay A patent technology use fee after B's improvement is implemented.
The similarity between the first utility model and the second utility model is that anyone can use invalid patents for free. Difference: the first utility, anyone directly implements invalid patents; The second utility is to improve invalid patents before implementation.
Specific problems need to be analyzed in combination with the actual situation. Descriptive information is limited, so detailed analysis is impossible. You can log on to the website of Cisco Law Firm to inquire about relevant laws and regulations, or you can consult professional lawyers online to effectively solve existing problems.
The meaning of invalid patent right
From the date when the patent application is authorized, any unit or individual may request the invalidation of the patent right if it considers that the grant of the patent right is not in conformity with the relevant provisions of the Patent Law. Where a patent right is requested to be declared invalid or partially invalid, the applicant shall pay the required fees and submit a request for invalidation in duplicate, indicating the name and patent number of the patent requested to be declared invalid, the facts and reasons on which it is based, and attach the necessary evidence. If a party refuses to accept the decision on the request for invalidation of a patent, he may bring a suit in a people's court within three months from the date of receiving the notice. The patent office shall register and announce the decision after it becomes legally effective. An invalid patent right shall be regarded as nonexistent from the beginning.
What is the difference between invalid patent and invalid patent?
Invalid patent means that there is something wrong with patentability and it is deemed invalid by others. Invalid patent right did not exist from the beginning.
Invalid patent is the loss of patent right due to the expiration of industrial rights or unpaid fees, not the problem of patent itself. Invalid patent right is lost from the date of expiration.
A third party (anyone) can enjoy this patent after the occurrence of both, but it needs to be reminded whether the related products have other effective patent protection.
Under what circumstances will the patent right expire?
The termination of patent rights can be divided into:
(1) Expiration and termination: the invention patent right shall be maintained for 20 years from the date of application, and the utility model or design patent right shall be maintained for 10 years from the date of application, and shall be terminated according to law;
(2) Termination without payment: If the patentee fails to pay the annual fee and overdue fine in full as required, the patent right shall be terminated from the expiration date of the previous year.
The patent has expired, is it still useful?
Are there any patents that can't be applied for? The question is whether you can get the patent right after applying. The so-called functional difference is called transformation invention in the invention classification. The utility model invention belongs to the invention patent, because the utility model patent does not protect the use. There are certain requirements for the creativity of invention patents, that is, unexpected technical effects are required. In patent practice, utility models often appear in the discovery of a new use of a known drug and the discovery that a drug can also treat another disease. The new use of this discovery can achieve an effect that people's common sense can't infer in advance, so it is creative.
The reason why I thought of using drug examples to explain the creativity of transformation invention is because many inventors are unwilling to explain their specific solutions to the answer, so they use water injection and inserting things as metaphors. But I don't think your patent is as simple as inserting something into the water. My original intention is to tell you what level the creative judgment standard of transforming inventions needs to reach. According to the creative judgment standard of drug transformation invention, can we weigh whether the creative height of our invention can reach this standard? Then decide whether to apply for a patent.
What is an expired patent? What is an expired invalid patent?
1. If the compensation period has passed, there is no way out. The patent law stipulates that the utility model is only protected for 10 years, the invention protection for 20 years, and the appearance protection for 10 years.
2. If the delay is caused by forgetting to pay the fee, you can make up the annual fee within six months from the date of patent expiration, which will remain valid. Many patents have expired and still have use value. They are all well-known technologies, and borrowing them is not infringing.
What do you mean by the term, termination and invalidity of the patent right?
1, the patent right has the following characteristics: intangible; Openness; Legitimacy; Timeliness; Regional.
2. According to Article 42 of China's Patent Law, the term of the invention patent right is 20 years, and the term of the utility model patent right and the design patent right is 10 years, all of which are counted from the date of filing.
3. Patent termination is divided into normal termination and abnormal termination.
4, according to the provisions of China's patent law, can cause the termination of the patent right are:
(1) The patent right is terminated due to the expiration of the term;
(2) The patent right is terminated due to failure to pay the patent certificate fee; 、
(3) The patentee fails to pay the annual fee as required, and the patent right is terminated;
(4) The patentee gives up his life in writing and the patent right is terminated.
After the termination of the patent right, the inventions protected by the patent right will become the wealth of the whole society.
Anyone can use it for free.
6. According to the provisions of China's patent law, any unit or individual may apply for declaring the patent invalid as long as it thinks that the grant of the patent right does not conform to the provisions of the patent law.
7. According to the provisions of Article 65 of the Detailed Rules for the Implementation of China's Patent Law, the Reexamination Board shall not accept the request for invalidation of the parties under the following circumstances:
(1) The request for invalidation of the patent right does not conform to the provisions of Article 12 above;
(2) After making a decision on the request for invalidation, the Patent Reexamination Board requests invalidation on the same grounds and evidence;
(3) Requesting to declare the patent right of a design invalid on the grounds that the design granted with a patent right conflicts with the legal rights previously obtained by others, but failing to submit an effective judgment or ruling that can prove the conflict of rights.
8. The examination procedure of the request for invalidation includes three stages: formal examination, collegial examination and examination and decision of the request for invalidation.
Can a patent be restored when it is invalid?
It can fail quickly, but it can't be recovered if it fails for too long. Generally, it can be resumed within two months after receiving the notice of invalidation from the patent office, and the official fee is 1000 yuan.
According to Article 6 of the Implementing Rules of the Patent Law
Where the party concerned delays the time limit specified in the Patent Law or these Rules or the time limit specified by the patent administration department in the State Council due to irresistible reasons, resulting in the loss of his rights, he may request the patent administration department in the State Council to restore his rights within 2 months from the date when the obstacle is removed, or at the latest within 2 years from the date when the time limit expires.
In addition to the circumstances specified in the preceding paragraph, if a party delays the time limit specified in the Patent Law or these Rules or the time limit specified by the patent administration department in the State Council for other legitimate reasons, resulting in the loss of his rights, he may request the patent administration department in the State Council to restore his rights within 2 months from the date of receiving the notice from the patent administration department in the State Council.
If a party requests the restoration of rights in accordance with the provisions of the first paragraph or the second paragraph of this article, it shall submit a request for the restoration of rights, explain the reasons, attach relevant supporting documents when necessary, and go through the corresponding procedures that should be handled before losing the rights; In accordance with the provisions of the second paragraph of this article, those who request the restoration of their rights shall also pay the fees.
What does invalid patent mean? If I apply for this patent again, will it be illegal?
I know, Xu Yiruo, absolutely.
What does it mean that the invention patent is rejected as invalid?
Rejecting the invalidation of the invention patent shows that China National Intellectual Property Administration decided not to grant the patent right because of its substantial defects and lack of authorization conditions during the examination process.
Please refer to the following laws for the specific reasons for rejection in the review:
Preliminary examination: Article 44 of the Detailed Rules for the Implementation of the Patent Law.
Substantive examination: Article 53 of the Detailed Rules for the Implementation of the Patent Law.
Note: If the rejection is invalid, the application is not authorized at all, and the authorization will be invalid in the future.