Can a patent be revoked after a patent is granted for a matter that cannot be patented?

In practice, many of us may come across issues related to matters that cannot be patented but are patented. However, because we do not know much about this, many things are not very clear. Regarding this issue, next, the editor of the Legal Savior Network has compiled some relevant information and asked friends to understand whether matters that cannot be patented can be revoked after being granted a patent.

Can matters that cannot be patented be revoked after being patented

Matters for which Patent rights cannot be granted are granted The patent can be revoked

Utility model patent The product shape refers to the definite spatial shape that the product has and can be observed from the outside. For products with no definite shape, such as gaseous, liquid, powdery, or granular substances or materials, their shape cannot be used as the shape feature of a utility model product.

Utility model patent refers to the product structure The arrangement, organization and interrelationship of the various components.

Application materials

Legal documents submitted when applying for a patent must be in writing and follow the prescribed unified format fill in.

(1) Application documents should include: utility model patent The request, description, drawings of the description, claims, abstract and drawings are each in duplicate.

(2) If a company applies for a patent, the application documents should include: a copy of the corporate business license and organization code certificate, each in duplicate, and the inventor's ID card should also be submitted Copy, one copy.

(3) If an individual applies for a patent, the application documents should include: a copy of the applicant's and inventor's ID cards, each in duplicate, and the application address, postal code, telephone number and other communication methods.

Main features of the patent

Proprietary

Exclusiveness is also called "exclusiveness". The so-called exclusivity refers to the exclusive manufacture, use, sale and distribution of the invention and creation enjoyed by the patentee. The right to import and export. In other words, no other unit or individual may manufacture, use, sell, offer for sale, import or export its patented products, use its patented methods, or use its patented methods for production and business purposes without the permission of the patentee. Manufacture, use, sale, offer for sale, and import and export of products directly obtained according to the method for production and business purposes with the permission of the patentee. Otherwise, it is an infringement of the patent right.

Regional

According to the principle of patent independence stipulated in the Paris Convention, the regional characteristics of patent rights refer to the patent rights granted by a country in accordance with its domestic patent law. They are only valid within the jurisdiction of that country’s laws and are not applicable to other countries. There is no binding force. Foreign countries have no obligation to protect their patents. If an invention and creation is only patented in China, the patentee only enjoys patent rights or exclusive rights in our country. If someone produces in other countries and regions , use or sell the invention and creation, it does not constitute infringement.

It is very meaningful to understand the regional characteristics of patent rights. In this way, if our units or individuals develop inventions with international market prospects, they should not only apply for domestic patents in a timely manner, but also Seize the opportunity to apply for patents in other countries and regions with good market prospects, otherwise the foreign market will not be protected.

Temporality: The so-called temporality means that the exclusive rights granted by the law to the patentee over his invention and creation are only valid within the time specified by the law. After the expiration of the term, the patentee no longer has the exclusive right to manufacture, use, sell, offer for sale, and import his invention. At this point, the invention and creation originally protected by law have become the public wealth of the society, and any unit or Individuals can use it free of charge.

Intangibility span>

Patent rights are intangible, and many people often regard them as This characteristic of the right is regarded as the object of protection - the technology protected by the patent right. In fact, the intangibility is the patent right itself. Otherwise, for a trademark, the object is a pattern, which is obviously not intangible.

Hope that through the above content you will be able to grant Patent matters are subject to a more in-depth understanding of some related issues after a patent is granted. If your situation is more complicated, the Legal Savior Network also provides online lawyer consultation services, and you are welcome to seek legal consultation.