The patent right was declared invalid.
The patent right exceeds the statutory time limit.
The parties give up the patent right in writing.
Failing to pay the annual fee as required.
The invalidation of patent right will have the following legal consequences:
1. The patent right declared invalid shall be deemed as nonexistent from the beginning. It can be seen that the invalidation of patent right can be traced back to the time when the patentee enjoys the patent right.
2. The decision to declare the patent right invalid has no retrospective effect on the judgments and rulings of patent infringement made and executed by the people's court before the patent right was declared invalid, the decisions on handling patent infringement disputes that have been performed or executed, and the patent licensing and patent transfer contracts that have been performed. However, if the patentee's malice causes losses to others, it shall make compensation.
3. If the patentee or the patentee transferor fails to return the patent royalty or patent transfer fee to the licensee or the patentee transferee, which obviously violates the principle of fairness, the patentee or the patentee transferor shall return all or part of the patent royalty or patent transfer fee to the licensee or the patentee transferee.
According to the original patent law, the procedure leading to the invalidation of patent right includes not only the request for invalidation of patent right, but also the request for revocation of patent right. Because the reason for requesting the revocation of the patent right is that the applicant believes that the invention-creation granted the patent right does not have the substantive conditions of novelty, creativity and practicality. The reason for the request coincides with the reason for requesting the invalidation of the patent right. The new patent law cancels this procedure, making the provisions more uniform and strict in legislation.
In addition, according to the provisions of the original patent law, the request to declare the patent right invalid can only be made within six months after the patent right is granted, and the request to revoke the patent right should be made within six months after the patent right is granted, which makes it impossible to make the request to declare the patent right invalid in time for many inventions and creations discovered by the public within six months after the patent right is granted. The new patent law is advanced to the time granted by the patent law this time, which makes up for the loopholes in the original legislation of the factory.