Who has the right to apply for invalidation of patent rights?

Patent rights are exclusive, and patents must be registered before they have Patent rights. If the patent rights do not comply with the provisions of the Patent Law, you can apply for invalidation of the patent rights. From the date when the patent administration department of the State Council announces the grant of patent rights, any unit or If an individual believes that the grant of the patent right does not comply with the regulations, he or she may request the Patent Reexamination Board to declare the patent right invalid. Below, the editor of Legal Savior Network will provide readers with relevant answers.

1. Who has the right to apply for invalidation of patent rights

1. According to my country According to relevant laws, 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 right does not comply with the regulations may request the Patent Reexamination Board to declare the patent right invalid.

2. Legal provisions: "Patent Law of the People's Republic of China"

Forty-fifth Article 1: 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 right does not comply with the relevant provisions of this Law may request the Patent Reexamination Board to declare the patent right invalid.

Article 46 The Patent Reexamination Board shall promptly review and make a decision on a request to declare the patent right invalid, and notify the requester and the patentee. The decision to declare the patent right invalid shall be registered and announced by the patent administration department of the State Council.

Anyone who is dissatisfied with the decision of the Patent Reexamination Board to declare the patent right invalid or to maintain the patent right may file a lawsuit in the People's Court within three months from the date of receipt of the notice. The people's court shall notify the other party in the invalidation request procedure to participate in the litigation as a third party.

2. What are the circumstances under which patent rights are invalid

1. The subject matter does not meet the conditions for patent grant;

2. Illegality in patent application Situation: The description is not fully disclosed; the claims of the authorized patent are not based on the description; the modification of the patent application 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 for simultaneous applications; authorization SpecializeThe claim of the right is unclear, not concise or lacks the necessary technical features to solve the technical problem;

3. Violation of mandatory provisions of the law, including: Situations that violate national laws, social ethics or harm public interests; situations where patent rights are not granted under legal provisions such as scientific discoveries;

4. Situations of repeated authorization: two If more than one applicant applies for a patent for the same invention-creation, the patent right is granted to the first person to apply. That is, an invention-creation is only granted patent right to one person (the first person to apply).

The above knowledge is the editor’s answer to relevant legal issues. According to the relevant laws of our country, from the date when the patent administration department of the State Council announces the grant of patent rights, If any unit or individual believes that the grant of the patent right does not comply with the regulations, it may request the Patent Reexamination Board to declare the patent right invalid. If you need legal help, you are welcome to go to the Legal Savior Network for legal consultation.