The related attributes of invalid patents include: invalid patents are not protected by law, and others can use them for free and get economic benefits; Any unit or individual can also improve invalid patents for free and apply for patent rights and interests.
The principles for determining the scope of patent protection are as follows:
1, central principle. According to this principle, patent claim is the basis of patent protection scope. However, when interpreting the claims, we should take the substantive content expressed in the claims as the center, comprehensively consider the purpose and nature of the invention-creation, as well as the specification and drawings, and bring a certain range of technologies into the center of the protection scope. There is no need to insist on the required written record. German legislation adopted this principle;
2. Peripheral principle. This principle requires strict interpretation in accordance with the written records of patent rights, and the scope of protection of patent rights cannot exceed the written records of patent rights. The specification and drawings cannot be used as the basis for determining the scope of patent protection, and can only be used for restrictive interpretation of the scope of protection in the case of unclear claims;
3. The principle of compromise. According to this principle, the scope of patent protection should be determined according to the substantive content expressed in the claim, but when the technical features expressed in the claim are in doubt, the specification and attached drawings can be cited for explanation.
To sum up, invalid patent does not mean that patent is useless. On the contrary, an invalid patent usually means that the patent is not protected by law, and the use of the patent will not infringe the patent rights of others. So after the patent expires, you can get the invalid patent in various ways and keep it for yourself. Many invalid patents actually hide a lot of economic benefits.
Legal basis:
Article 45 of the Patent Law of People's Republic of China (PRC)
Since the date when the patent administration department of the State Council announced the grant of the patent right, any unit or individual may request the patent administration department of the State Council to declare the patent right invalid if it considers that the grant of the patent right is not in conformity with the relevant provisions of this Law.