When can the invalidation requester withdraw his request?

Before the Patent Reexamination Board makes a decision on the request for invalidation, the invalidation requester may withdraw his request. If the invalidation requester withdraws his request, the invalidation request review procedure shall be terminated. Regarding the question of when the invalidation requester can withdraw his request, the editor of Legal Savior Network will give you a detailed answer below.

1. When can the invalidation requester withdraw his request

1 , Before the Patent Reexamination Board makes a decision on the request for invalidation, the person requesting invalidation may withdraw his request. Before the Patent Reexamination Board makes a decision, if the invalidation requester withdraws his request or his invalidation request is deemed to have been withdrawn, the invalidation request review procedure shall be terminated.

2. Legal basis: Article 72 of the "Implementing Rules for the Patent Law of the People's Republic of China".

2. What is patent invalidity

The so-called invalid patent right means that after the patent right is granted, it is found that it does not meet the conditions for granting patent rights in the Patent Law and its implementing regulations. If it is confirmed and invalidated by the Patent Reexamination Board, the invalidated patent right shall be deemed to have ceased to exist from the beginning. Including the following aspects:

1. The subject matter does not meet the conditions for patent grant, including: the subject matter of the invention or utility model does not have novelty, creativity or practicality; The subject matter of a design patent is not novel or conflicts with the legal rights previously obtained by others.

2. Illegal situations in patent applications: the description does not fully disclose the invention or utility model; the claims of the authorized patent are not based on the description; the patent application The modification of the document exceeds the prescribed scope; the subject matter of the patent does not meet the definition of invention, utility model or design; the principle of negotiation and authorization of simultaneous applications; the claims of the authorized patent are unclear, not concise or lack the need to solve its technical problems Technical characteristics;

3. Violations of mandatory legal provisions, including: violations of national laws, social ethics or harm to public interests; scientific discoveries and other legal provisions No patent rights grantedSituation;

4. Situation of repeated authorization: If two or more applicants apply for patents for the same invention and creation, the patent right shall be granted to the one who applies first. That is, an invention-creation is only granted patent rights to one person (the first person to apply). Inventions, utility models and designs cannot obtain patent rights under the above circumstances. If patent rights have been obtained, they can be declared invalid.

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