How to define the term of patent rights, termination and invalidity

Patent rights refer to the exclusive or exclusive rights that an inventor or his assignee enjoys over his or her invention within a certain period of time, as approved by law. Patent right is an exclusive right. Once the protection period specified by law exceeds, it is no longer protected by law. How to define the term, termination and invalidity of Patent rights? The editor of Legal Savior Network has compiled relevant knowledge for you, hoping it will be helpful to you.

How to define the term of patent rights, termination and invalidity

1. Term of patent rights

According to Article 42 of my country’s Patent Law, invention patent rights The term is 20 years, and the term of utility model patent rights and design patent rights is 10 years, both calculated from the date of application.

2. Termination of patent rights

Patent right termination is divided into normal termination and abnormal termination.

The reasons that can cause the termination of patent rights are: ( 1) The patent right is terminated due to the expiration of the term; (2) The patent right is terminated due to the failure to pay the patent certificate fee; (3) The patent right is terminated because the patentee fails to pay the annual fee as required; (4) The patent right is terminated due to the failure of the patent certificate fee. A person terminates when he gives up his written life. After the patent rights are terminated, the inventions and creations protected by the patent rights become the common wealth of the whole society, and anyone can use them freely and free of charge.

According to the provisions of my country’s Patent Law, any unit or individual, as long as If you believe that the grant of the patent right does not comply with the provisions of the Patent Law, you can apply to declare the patent right invalid.

3. Invalidity of patent rights

According to the provisions of Article 65 of China's "Patent Law Implementing Rules", the reexamination committee will not accept the party's request for invalidation under the following circumstances: (1) The request for invalidation of the patent right does not comply with the provisions of Article 12 above; (2) After the Patent Reexamination Board makes a decision on the request for invalidation, it requests invalidation again with the same reasons and evidence; (3) The request is made on the ground that the design granted the patent rights conflicts with the legal rights previously obtained by others. Declare the design patent right to be invalid, but fail to submit an effective decision or judgment that can prove the conflict of rights.

The review procedure for an invalidation request includes formal review, There are three stages of collegial review and invalidation request review and decision-making.

In the invalidation review procedure, the patentee Patent application documents can be modified, but they must be subject to the following two conditions: only invention patentees and utility model patentees can modify patent application documents, and design patentees are not allowed to modify their patent application documents; modified patent documents can only It is a claim and cannot amend the description.

"SpecialArticle 65 of the Implementing Rules of the Patent Law, in accordance with the provisions of Article 45 of the Patent Law, if a request is made to declare the patent right invalid or partially invalid, a request for invalidation of the patent right and necessary evidence shall be submitted to the Patent Reexamination Board in duplicate. . The request for invalidation should combine all the evidence submitted, specify the reasons for the invalidation request, and indicate the evidence on which each reason is based.

The reasons for the request for invalidation referred to in the preceding paragraph, It means that the invention-creation for which a patent is granted does not comply with Article 2, Article 20, Paragraph 1, Article 22, Article 23, and Article 26, Paragraph 3, or 4 of the Patent Law. , Article 27, Paragraph 2, Article 33, or Article 20, Paragraph 2, and Article 43, Paragraph 1 of these Rules, or it falls under Article 5, Article 20 of the Patent Law The patent right cannot be obtained in accordance with the provisions of Article 5, or in accordance with the provisions of Article 9 of the Patent Law.

The above is the relevant content summarized by the editor. If If you have relevant legal consultation or other matters that you don’t understand, you can call the online lawyer on the Legal Savior Network for answers. The lawyer’s professional knowledge can help you.