What is the function of patent invalidation defense?

1. What is the function of patent invalidation defense? Before we understand the patent invalidation defense, we need to know what patent invalidation is. Why is the patent invalid? A patent is generally invalid because it does not meet the three characteristics of a patent in the process of patent application examination, or because the patented technology is duplicated with other patents, the patent is challenged. In fact, whether in the application process or the application has been successful, it may be rejected by others. What is important is how to deal with patent invalidation. At this time, we must give a positive answer. When making comments to the Patent Office on the patent authorization process, such as replying to the notice of examination opinions, handling refund procedures, and inquiring about the mailing route. At this time, you can make an opinion statement to communicate with the examiner. The procedure is to submit an opinion statement and necessary attachments. Among them, the statement of opinions shall be printed in a unified format by the China National Intellectual Property Administration Patent Office, and the annexes vary according to the specific affairs handled; These measures can be taken when defending patents. First, you must first find out why the other party declared your patent invalid. Second, on the basis of finding out the invalid reasons, break the other party's invalid reasons one by one; Third, don't give evidence yet. The other party declares your patent invalid, and the other party bears the first burden of proof. You should first look at what flaws the other party has, and let the other party's evidence and reasons be invalid first. You should take offense as defense, not defense first. If the other party's invalid reason is not established, no proof is needed. Patent examiners's acceptance of our reply proves that the patent still has a chance to be authorized. If Patent examiners doesn't accept our reply, the examiner may let the reply fail, and there is another possibility, which is to give you a chance to reply again, or to invalidate it directly; If you want to continue to fight for authorization, you can only fight for authorization by submitting a "review request"; Therefore, it is more reliable to suggest a specialized agency to reply and review. Second, how to declare the patent invalid Article 45 of China's Patent Law stipulates that any unit or individual may request the Patent Reexamination Board to declare the patent invalid if it thinks that the grant of the patent right is not in conformity with the relevant provisions of this Law from the date when the Patent Office announces the grant of the patent right. Where the patentee requests to declare the patent invalid or partially invalid, he shall submit a request for invalidation of the patent to the Patent Reexamination Board, explain the reasons, and attach relevant supporting documents and the facts on which it is based when necessary. The request for invalidation and relevant documents shall be made in duplicate. Before the Patent Reexamination Board makes a decision on the request for invalidation, the person requesting invalidation may withdraw his request. If the request for invalidation of the patent right does not conform to the prescribed format, the claimant shall make corrections within the time limit specified by the Patent Reexamination Board; If no correction is made within the time limit, the request for invalidation shall be deemed to have been withdrawn. Where a patent right is requested to be declared invalid or partially invalid, a request for invalidation of the patent right and necessary evidence shall be submitted to the Patent Reexamination Board in duplicate. The request for invalidation shall, in combination with all the evidence submitted, specify the reasons for the request for invalidation and indicate the evidence on which each reason is based. To sum up, in order to ensure the uniqueness of a product or service and protect intellectual property rights, we usually apply for patent protection, but the patent will be invalid. For this kind of problem, we need to make a patent invalid defense, mainly by clearly pointing out the reasons for invalidation, giving evidence to explain the reasons for validity, and examining it by a specialized agency to determine whether it is true or not.