What are the rules for the retrieval of invalid patent evidence?
1. What are the rules for patent invalid evidence retrieval? Patent invalid retrieval, you _ is also called invalid evidence retrieval, authorized patent retrieval, patent validity retrieval, patent stability retrieval, etc. For enterprise intellectual property professionals, this is a common patent retrieval activity, which refers to the act of retrieving patent or non-patent documents that can destroy the novelty and creativity of an authorized patent claim. The development of patent invalid retrieval generally has a strong scene and purpose. Scenario refers to the patent invalid retrieval is generally used to counter the aggressive behavior of competitors (such as patent infringement prosecution) or take the initiative to attack enterprises (such as before patent market rights protection); The purpose of invalid patent retrieval is very simple, that is, trying to find evidence documents that can destroy the innovation of the target patent. The procedure shows that if the patentee requests to declare the patent invalid or partially invalid, it shall submit a Request for Patent Invalidation to the Patent Reexamination Board, explaining the reasons, and if necessary, it shall also attach relevant supporting documents and the facts on which it is based. 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Board; If no correction is made within the time limit, the request for invalidation shall be deemed to have been withdrawn. Article 65 In accordance with the provisions of Article 45 of the Patent Law, the request for declaring the patent right invalid or partially invalid shall be submitted to the Patent Reexamination Board in duplicate, together with the necessary evidence. 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. The reason for the request for invalidation mentioned in the preceding paragraph refers to the fact that the invention-creation granted a patent does not conform to Article 2 (definition of invention, utility model and design), Article 20, paragraph 1 (provisions on confidentiality review), Article 22 (novelty, creativity and practicality), Article 23 (design does not conflict with prior design and prior rights), Article 26, paragraph 3 (requirements of specification) and paragraph 4 (claims) of the Patent Law. The provisions of Article 27, paragraph 2 (requirements for photos of design), Article 33 (modification shall not exceed the scope), Article 20, paragraph 2 (requirements for exclusive rights) and Article 43, paragraph 1 (division of cases shall not exceed the scope of original application), or Article 5 and Article 25 of the Patent Law (in the case of no patent right being granted), or in accordance with Article 9 of the Patent Law (the principle of applying first without repeated authorization). [1] The Patent Reexamination Board shall send a copy of the request for invalidation of the patent right and a copy of relevant documents to the patentee, requesting him to state his opinions within a specified time limit. The patentee may modify the patent document, but shall not expand the scope of the original patent protection; Failure to reply at the expiration of the time limit shall not affect the trial of the Patent Reexamination Board. The Patent Reexamination Board shall examine the request for invalidation of the patent right, make a decision, and notify the claimant and the patentee. The decision to declare the patent right invalid shall be registered and announced by the China Patent Office. Anyone who refuses to accept the decision of the Patent Reexamination Board to declare the invention patent invalid or maintain the patent right may bring a lawsuit to the people's court within three months from the date of receiving the notice. In daily life, everyone may have patent problems, but in fact, if he does some searches for patents, he also has invalid searches and effective searches. Even if it is invalid, it plays a very important role and is common for relevant professionals.