I. The patent for utility model is invalid as follows:
(1) The application for a patent for utility model that has been granted the patent right for utility model is not novel, creative or practical;
(2) The patent for utility model granted the patent right for utility model is not a new technical scheme;
(3) The patent for utility model that has been granted the patent right for utility model is applied for in a foreign country without confidential examination;
(4) The application document for a patent for utility model that has been granted a patent for utility model is unclear, incomplete and impossible to realize, and the claim is not based on the specification, unclear and concise;
(5) The modification of the application document for a patent for utility model is beyond the scope recorded in the original application document for a patent for utility model;
(6) The independent claim does not reflect the technical scheme of the patent for utility model as a whole, but records the necessary technical features for solving technical problems;
(seven) the documents of the application for a patent for utility model are beyond the scope recorded in the original application for a patent for utility model;
(8) It is not within the scope authorized by the patent right and violates the provisions of Article 25 of the Patent Law.
2. Documents provided by the application for a patent for utility model.
(a) the necessary information required for the application for a patent for utility model.
The name of the application for a patent for utility model, the name, address and nationality of the inventor, and the name, address and nationality of the applicant.
(2) A power of attorney is required to apply for a patent for utility model.
Power of attorney for submitting utility model patent application. It must be the original signature of the applicant. If the power of attorney is not submitted at the time of application, it can be supplemented after application.
(3) An application for a patent for utility model requires technical disclosure.
Including the name of the utility model patent, the technical field to which the utility model patent belongs, the existing technical status of the technical field, the purpose of the utility model patent, the technical scheme to realize the utility model patent and the implementation effect of the technology.
(four) the examination of the application for a patent for utility model requires the signing of an agency contract.
Three, the fees paid for the application for a patent for utility model are as follows:
(1) Application fee for applying for a patent for utility model: 500 yuan;
(2) Patent registration and stamp duty: 205 yuan in total;
Annual fee: 600 yuan 1-3 years, 900 yuan 4-5 years, 6-8 years 1.200 yuan, 9- 10 years, 2000 yuan.
The above is about under what circumstances the patent for utility model is invalid. The patent for utility model will be declared invalid under certain circumstances, and the corresponding documents need to be provided for the examination of the application for patent for utility model; At the same time, the parties need to pay a certain fee when applying for a patent for utility model.
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