Is there a patent right with a patent certificate?
Obtaining a patent certificate means obtaining a valid patent right, which is a misunderstanding of most patentees. However, this is not the case. China National Intellectual Property Administration does not conduct substantive examination of utility model and design patents. Even if the inventor has applied for a patent for the same technical scheme before applying, the subsequent application can still be authorized. If no one raises an objection, the patent right will be temporarily owned. Once someone makes a request for invalidation of the later applied patent, the later applied patent will definitely be invalidated. As far as the invention patent is concerned, although China National Intellectual Property Administration has conducted a substantive examination on it, there is no guarantee that the retrieval of relevant documents by the invention patent examination department has not been omitted. Therefore, obtaining a patent certificate only represents China National Intellectual Property Administration's approval of the patent application, but does not mean that the patent right is really effective.