Patent application

The establishment of revocation procedure has played a positive role in accelerating the grant of patent right. However, after several years of practice, it is found that there are some problems in the revocation procedure.

First, there are some differences between the revocation procedure and the invalidation procedure, including the different time of starting the procedure, the different reasons for making the request, the different departments of the State Intellectual Property Office to examine the two kinds of requests, and the applicable procedures, etc., but generally speaking, the revocation procedure and the invalidation procedure are repeated settings, which is reflected in the revocation procedure Both order and invalidation procedure are the procedures set up by the State Intellectual Property Office to correct improper authorization. The reasons for invalidation of patent right include all the reasons for revocation of patent right, so the effect of revocation procedure can be realized through invalidation procedure.

Second, according to the first revised Patent Law, the final determination of a patent right may need to go through the following procedures: revocation procedure, that is, any person may file a request for revocation within six months from the date of the announcement of the grant of the patent right; if he is not satisfied with the decision of the revocation procedure, he may request a reexamination; if he is not satisfied with the reexamination decision of an invention patent, he may also file a lawsuit with the people's court If the judge refuses to accept the judgment, he may appeal;

In the procedure of invalidation, any unit or individual may file a request for invalidation of the patent right six months after the date of the announcement of the grant of the patent right. If a person is not satisfied with the decision to declare the patent for invention invalid or to maintain the patent for invention, he may also bring an action, and if he is not satisfied with the decision of first instance, he may appeal. So many procedures lead to the patent right in an uncertain state for a long time, so that the patentee can not effectively exercise the right. Some infringers deliberately use the above procedure to delay time and evade the tort liability.

Date of publication: 2020/11/07 14:00:04 Number of browsing:118