How to judge whether the patent application is invalid?

In the patent-related business, if there is a patent invalidation business, you can apply to China National Intellectual Property Administration for patent invalidation. Article 45 of China's Patent Law stipulates: "From the date when the Patent Office announces the grant of the patent right, any unit or individual may request the Patent Reexamination Board to declare the patent right invalid if it thinks that the grant of the patent right is not in conformity with the relevant provisions of this Law." In order to safeguard the seriousness of the patent law and the interests of the public, China's patent law has set up a "patent invalidation procedure" in the patent examination procedure. So, how to determine the patent application is invalid? The following is compiled by Bian Xiao, the Zen Master of Bajie.

1, the theme does not meet the conditions for patent grant, including: the theme of the invention or utility model is not novel, creative or practical; The theme of the design patent is not novel or conflicts with the legal rights previously obtained by others.

2. Illegal situation in the patent application: the description does not fully disclose the invention or utility model; The claim is not based on the specification; The modification of the patent application documents is beyond the prescribed scope; The subject matter of the patent right does not conform to the definition of invention, utility model or design; Principle of consultation authorization for simultaneous application; The claim is unclear, not concise or lacks the necessary technical features to solve its technical problems;

3. Violation of mandatory provisions of the law, including: violation of national laws, social ethics or damage to public interests; Scientific discoveries and other legal provisions do not grant patent rights;

4. Repeated authorization: If two or more applicants apply for a patent for the same invention-creation, the patent right will be granted to the first applicant, that is, an invention-creation will only be granted to one person (the first applicant). Inventions, utility models and designs cannot be patented under the above circumstances, and those that have been patented may be declared invalid.

Therefore, the patent issue should not be underestimated. If you don't have a special understanding of this, don't act in vain. It is recommended to find a professional organization to handle it. Bajie Intellectual Property Trademark Transfer Network is committed to providing professional and efficient one-stop service for enterprises, helping you to quickly establish an enterprise foundation and enhance your business during the enterprise development period. For details, please visit//.