What to do with patent invalidation application fees

As an intellectual property right, the number of people applying for Patent rights has generally increased. With the increase in the number of people applying for patents and its exclusivity, timeliness, and regional nature, the number of people applying for invalid patents is also increasing. So, what should I do about the patent invalidation application fee? The editor of Legal Savior Network has compiled the following content to answer your questions. I hope it will be helpful to you.

What to do with the patent invalidation application fee

The patent invalidation application fee will not be refunded.

How to apply for patent invalidation

According to the provisions of Article 45 of the Chinese Patent Law, since From the date when the Patent Administration Department of the State Council announces the grant of a patent right, any unit or individual that believes that the grant of the patent does not comply with the relevant provisions of the Patent Law may request the Patent Reexamination Board to declare the patent right invalid. That is to say, from the date of patent authorization, any person or unit can file a request for invalidation of this patent.

1. If you request to declare a patent invalid or partially invalid, you must pay the fee in accordance with the regulations, submit a request for invalidation in duplicate, fill in the name and patent number of the patent requested to be invalidated, and indicate the facts and basis for the invalidation. Reasons, attach necessary evidence.

2. The Patent Reexamination Board shall send a copy of the request for invalidation of the patent right and copies of relevant documents to the patentee, requiring the patentee to state its opinions within a specified period. The patentee may modify the patent documents, but shall not expand the original patent. Scope of protection; failure to respond within the expiration date will not affect the proceedings of the Patent Reexamination Board.

3. The Patent Reexamination Board shall examine the request to declare the patent right invalid, make a decision, and notify the requester and the patentee. The decision to declare the patent right invalid shall be registered and announced by the China Patent Office. Invalidation The patent right is deemed to have ceased to exist ab initio.

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