Patent legal status information includes patent application, authorization, validity period, transfer or invalidation, etc. Next, it mainly introduces the legal status of several common patents:
1, authorized
If the application for a patent for invention has undergone preliminary substantive examination, and the application for a patent for utility model or design has not found reasons for rejection after preliminary examination, the applicant shall be granted a patent right if he goes through the registration formalities on schedule.
2. Termination of patent right
The termination of patent right refers to the situation that the legal effect of patent right disappears due to some legal facts. The legal facts leading to the termination of the patent right include: ① failure to pay the annual fee as required; (2) Giving up the patent right in writing; ③ The protection period expires; (4) revocation and invalidation of patent right.
Step 3 make it public
The current patent law implements the system of early disclosure and deferred examination of invention patent applications. After passing the preliminary examination, the invention patent may be made public within 18 months from the date of application, and the applicant may also request to make it public in advance.
4. Effective substantive review
Only the invention patent needs substantive examination, and the purpose of substantive examination is to determine whether the application for a patent for invention conforms to the provisions of the Patent Law on "novelty, creativity and practicality". After the applicant receives the notice that the application for a patent for invention has entered the substantive examination stage, the substantive examination shall take effect.
5. The patent application shall be deemed to have been withdrawn.
The reasons why the patent application was considered withdrawn in the preliminary examination stage are as follows: ① the patent application fee and printing fee were not paid on time; (2) Failing to reply to the examiner's rectification notice on schedule; ③ Failing to pay the first maintenance fee and late payment fee on schedule; (4) Failing to submit the substantive examination request and pay the substantive examination fee on schedule. The reasons why an application for a patent for invention is considered withdrawn in the actual trial stage are: (1) failure to reply to the examiner's notice of examination opinions on time; ② Failure to pay maintenance fees and late fees on schedule.
6. The patent right is invalid
Any unit or individual who believes that the grant of the patent right is not in conformity with the relevant provisions of the Patent Law may request the Patent Reexamination Board to declare the patent invalid in part or in whole. The purpose of setting up the invalidation procedure is to correct the phenomenon that the patent administration department grants patent rights to inventions that do not meet the requirements stipulated in the patent law.
Second, how long is the statute of limitations for patent infringement?
The limitation of patent disputes is 2 years, counting from the date when the patentee or interested party knows or should know. The so-called "knowing" means that the patentee or interested party has found out exactly that their rights and interests have been infringed.
Legal basis: Article 77 of the Detailed Rules for the Implementation of the Patent Law stipulates: "If an organ that uses an invention after the publication of an application for a patent for invention fails to pay the appropriate mediation fee before the patent right is granted, it may also bring a lawsuit directly to the people's court."