Patent law cases

1, yes. After a patent is granted, any unit or individual may request the Patent Reexamination Board to declare the patent invalid if it considers that the authorization of the patent does not conform to the relevant provisions of the Patent Law and its detailed rules for implementation. If Factory B was put into production as early as 1998, the patent may be declared invalid on the grounds that it is not novel for public use.

2. You can apply for administrative reconsideration. If there is disagreement on the rejection of the application by the Patent Reexamination Board, it may apply for administrative reconsideration; If the reconsideration fails, it may bring a lawsuit to the Patent Reexamination Board.

3.No. The decision to declare the patent invalid has no retrospective effect on the previous legal acts, that is, if the patent infringement compensation, patent exploitation fee and patent transfer fee are not returned, which obviously violates the principle of fairness, they should be returned in whole or in part. However, if the patentee's malice causes losses to others, it shall make compensation.

4. The validity period is 10 year, which is a utility model;

5. A factory may request to stop the infringement and file a lawsuit for tort damages;

6. The actual loss shall prevail. If the actual loss cannot be determined, it depends on the illegal interests obtained by factory B; From the topic, it is difficult to determine the above two, so it should be determined by a reasonable multiple of the license fee.