To confirm whether the patent has expired, we can search the legal status. The retrieval of patent legal status refers to the retrieval of the current status of a patent or a patent application, the purpose of which is to know whether the patent application is authorized, whether the authorized patent is valid, whether the patentee has changed, and the information related to the patent legal status.
The method for retrieving the legal status of a patent or patent application includes:
One is to inquire about the legal status of patents through China National Intellectual Property Administration Patent Registry. When granting a patent right, the Patent Office shall establish a patent register. The contents registered in the patent register include: grant of patent right, patent application right, invalidation of patent right, termination of patent right, restoration of patent right, pledge, preservation and cancellation of patent right, filing of patent licensing contract and compulsory licensing of patent implementation. The items registered in the patent register are stored in the computer database, printed by the computer when paper is needed, and take effect after being stamped with the special seal of the certificate.
The matters recorded in the patent register have legal effect and are protected by law. With the consent of China National Intellectual Property Administration, anyone can consult or copy the relevant contents in the patent register, and request China National Intellectual Property Administration to issue a copy of the patent register. Through the contents recorded in the patent register, we can know whether the patent has expired. Where a copy of the patent register is requested, a fee shall be paid.
Second, log on to China National Intellectual Property Administration website (/) and use the function of "legal status inquiry" to inquire whether the patent has expired. The legal status information mainly includes: the entry into force of the request for substantive examination, the invalidation of the patent right, the termination of the patent right, the restoration of the right, the right to apply for a patent, the transfer of the patent right, the filing of the patent licensing contract, the pledge, preservation and cancellation of the patent right, the change of the explanation matters and the notice matters. However, there is a certain lag in retrieving system information, and the real-time and accurate legal status information should be based on the contents recorded in the patent register.
The third is to inquire whether the patent has expired in the invalid patent database of China officially released by Intellectual Property Press.