Revocation of patent rights

After the invention of a patent was granted, it did not mean that the program had ended. The Patent Law stipulates that within six months from the date of the publication of the patent right granted by the Patent Office, any unit or individual considers that the invention-creation granted with the patent right has met the patentability conditions stipulated in the Patent Law, that is, the invention or utility model does not possess novelty. , Creatively prescribed patent conditions, that is, inventions, utility models are not novel, creative, and practical, and design patents are not novel or original (ie are the same or similar to existing designs). It may request the Patent Office to revoke all or part of the granted patent rights.

The cancellation procedure is very important for utility model and design patents. Because these two kinds of patents have only undergone a preliminary examination, they have not been reviewed as to whether they meet the conditions for patentability. It is also useful to increase public supervision of invention patents. By revoking the procedure, the quality of the granted patent can be improved, the stability of the patent right can be enhanced, and the patentee can implement and transfer the patent. It is also beneficial to protect the interests of the public and reduce legal disputes in the implementation of the patent.

In the cancellation procedure, if the patentee finds that there is a significant defect in the authorized text of his own patent, he also rightly requests the partial withdrawal of his own patent, and in this procedure, he will modify the authorization text, but this modification shall not extend the protection of the patent right. range.

When a unit or individual that does not have regular residences or business offices in China requests the revocation of a patent right, it shall entrust the State Council to authorize the patent agency designated by the Patent Office to handle the matter.

Where the patent right is requested to be revoked, a revocation request in a uniform format shall be submitted, the grounds for revocation shall be indicated, and evidence or documents supporting the reasons for revocation shall be attached, in duplicate. The reason for the revocation is only a matter of patentability, and other reasons are not accepted. The request for revocation is subject to the prescribed fee.

After receiving the request for revocation, the Patent Office will review it according to law. If the reason for the revocation is not established, the decision to maintain the original patent right shall be made; otherwise, the patent right to be revoked shall be deemed to be absent from the beginning.

In case of dissatisfaction with the above-mentioned decision made by the Patent Office, both parties may, within 3 months after receiving the decision, request the Patent Reexamination Board to review it, and its procedure is similar to the procedure for requesting reexamination after the rejection of the application.