Patent evaluation report

Just because the evaluation report thinks that there is no creativity does not mean that there is really no creativity. The patent right still exists at present, and the lack of creativity in the evaluation report does not mean that the patent right is invalid.

So this is right. What?

When you take this patent that has not expired to sue the infringer, he will either invalidate your patent or infringe it. At this time, he can get the evaluation report. If he wants to escape the infringement, he can only ask for invalidation of your patent right. At this time, he may come up with evidence and reasons to say that your idea is not creative, just like in the evaluation report. At this time, you can insist that you are creative. Of course, if the reasons and evidence given can overturn your creativity, your patent right will really be invalid. If he can't overturn it and your patent right can still be maintained, then he is infringing.

He can use the evidence and reasons given in the evaluation report, or he can provide other evidence and reasons himself.

Patent right is composed of one claim after another, and sometimes some of them may be invalid, but the rest will not be invalid. At this point, the scope of the remaining claims is taken as the protection scope of the patent right. If all the claims are invalid, there is no patent right.