According to the provisions of the Patent Law of People's Republic of China (PRC), any unit or individual may request China National Intellectual Property Administration to declare the patent invalid after six months from the date when the patent is granted. The legal time for requesting invalidation of the patent right is after the patent is granted, but it does not take effect immediately.
It should be noted that before filing a request for invalidation, the applicant needs to provide sufficient evidence to prove that the patent does not comply with the law. If the evidence is insufficient or cannot prove that there is a problem with the patent, the request may be rejected.
In addition, even if the patent right is declared invalid, it does not mean that the patent does not exist from the beginning. According to the provisions of the patent law, the patent right that has been declared invalid is regarded as nonexistent from the beginning. This means that even if certain economic benefits have been obtained before the patent is declared invalid, it cannot be traced back to the time before the patent is declared invalid.
Therefore, for those who want to declare the patent right of others invalid, they need to submit sufficient evidence within the specified time and abide by relevant legal procedures and regulations.
Matters needing attention in obtaining patents
1. Understanding patent laws and regulations: Before applying for a patent, you need to study the relevant laws, regulations and rules carefully to ensure that your invention meets the requirements of patent application.
2. Do sufficient preliminary research: Before applying for a patent, you need to do sufficient preliminary research to determine whether your invention already has a similar patent or technology.
3. Choose the appropriate patent application type: according to the nature and requirements of the invention, choose the appropriate patent application type, such as invention patent, utility model patent or design patent.
4. Prepare detailed patent application documents: The patent application documents shall describe the technical scheme, implementation and advantages of the invention in detail, and provide sufficient drawings and instructions.
5. Pay attention to confidentiality: before applying for a patent, you need to pay attention to confidentiality measures to avoid revealing the invention content.
Baidu Encyclopedia-People's Republic of China (PRC) Patent Law