What does the term of the patent right mean when it is terminated or invalidated?

If the patent right is terminated due to the expiration of the term of protection or the waiver of the patent right by the patentee, it only indicates that the patent right is no longer protected by law from now on, but it does not negate the legitimacy of the patent right, because all the legal relations that have occurred before the patent right are valid. However, a patent that has been declared invalid is not invalid from the date on which it is declared invalid, but is deemed invalid ab initio.

1. Patent rights have the following characteristics: intangibility; Openness; statutory; temporality; Regionality. 2. According to Article 42 of the Patent Law of the People's Republic of China, the term of the invention patent right is 20 years, and the term of the utility model patent right and the design patent right is 10 years, both of which are calculated from the filing date.

3. The termination of patent rights is divided into normal termination and abnormal termination. 4. According to the provisions of the Patent Law of the People's Republic of China, the reasons that can cause the termination of the patent right are: (1) the termination of the patent right due to the expiration of the time limit; (2) the patent right is terminated due to non-payment of the patent certificate fee; (3) the patent right is terminated because the patentee fails to pay the annual fee as required; (4) The patent right is terminated by written waiver by the patentee.

5. After the termination of the patent right, the inventions and creations protected by the patent rights will become the common wealth of the whole society, and anyone can use them freely and without compensation. 6. According to the provisions of the Patent Law of the People's Republic of China, any unit or individual may apply for invalidation of the patent right as long as it believes that the grant of the patent right does not comply with the provisions of the Patent Law. 7. According to Article 65 of the Detailed Rules for the Implementation of the Patent Law of the People's Republic of China, the Reexamination Board shall not accept the request for invalidation of the parties under the following circumstances:

1) The request for invalidation of the patent right does not comply with the provisions of Article 12 above; (2) After the Patent Reexamination Board has made a decision on the request for invalidation, it requests invalidation on the same grounds and evidence; (3) Where a request is made for the invalidation of the design right on the ground that the design for which the patent right has been granted conflicts with the prior legal rights of another person, but no effective decision or judgment has been submitted that can prove the conflict of rights. 8. The examination procedure of a request for invalidation includes three stages: formal examination, collegial examination and decision on the request for invalidation. 9. In the invalidation examination procedure, the patentee may amend the patent application documents, but it must be subject to the following two conditions:

Only the patentee of the invention patent and the patentee of the utility model may amend the patent application documents, and the patentee of the design shall not amend the patent application documents; The amended patent document is only the claims, not the specification.

1. The term of the patent right.

1. The meaning of the term of the patent right.

The term of the patent right, that is, the term during which the patent right is protected by law, refers to the statutory period from the effective date of the patent right enjoyed by the patentee to the normal termination.

2. The term of protection of China's patent right.

Article 42 of the Patent Law stipulates that the term of an invention patent right is 20 years, and the term of a utility model patent right and a design patent right is 10 years, both of which are calculated from the filing date.

2. Termination of the patent right.

1. The concept of termination of patent rights.

Termination of patent right, also known as extinguishment of patent right, refers to the loss of legal effect of the patent right before the expiration of the protection period due to the expiration of the protection period or other reasons.

2. The reason for the termination of the patent right.

According to the provisions of the Patent Law, the patent right is terminated for the following reasons:

1) Expiration of the term of protection.

2) Failure to pay the annual fee on time.

3) The patentee renounces by written declaration.

If the patent right is terminated before the expiration of the term of the patent right, it shall be registered and announced by the patent administration department.

3. The patent right is invalid.

1. The meaning of patent invalidity.

Invalidation of a patent right, also known as invalidation of a patent right, refers to the declaration by the Patent Reexamination Board that a granted patent right is not legally binding because it does not comply with the provisions of the Patent Law.

Article 45 of the Patent Law stipulates that from the date of the announcement of the grant of the patent right by the patent administration department, if any unit or individual believes that the grant of the patent right does not comply with the relevant provisions of the Patent Law, it may request the Patent Reexamination Board to declare the patent right invalid.

2. Grounds for invalidating the patent right.

1) The invention for which a patent right is granted does not meet the substantive conditions for granting a patent.

2) The invention-creation for which the patent right is granted is not an invention, utility model or design within the meaning of the Patent Law, or an invention-creation that exceeds the scope of the patent grant, or violates national laws, social morality, or harms the public interest.

3) The patentee's patent application documents do not comply with the provisions of the law and are obviously improperly drafted.

4) It violates the principle of early filing, priority or unity that should be followed in the patent application.

3. Procedures for invalidation of patent rights.

The Patent Reexamination Board shall examine and make a decision on the request for invalidation of the patent right in a timely manner, and notify the applicant and the patentee. The decision to declare the patent right invalid shall be registered and announced by the patent administration department.

A person 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 with the people's court within three months from the date of receipt of the notice. The people's court shall notify the opposing party to the invalidation request procedure to participate in the litigation as a third party.

4. The legal effect of the invalidation of the patent right.

1) The patent right that has been declared invalid shall be deemed to have ceased to exist ab initio.

2) The decision on the invalidation of the patent right shall not have retroactive effect on the judgment and ruling of the patent dispute made and enforced by the people's court before the decision was made, the decision on the settlement of the patent dispute that has been performed or enforced, and the patent exploitation license contract and the patent right transfer contract signed and performed by the patentee.

The termination of a patent right is also divided into the following situations: 1. The right to terminate a patent right shall be maintained for 20 years from the filing date upon expiration, or the patent right shall be maintained for 10 years from the filing date and shall be terminated in accordance with the law. If the term of the patent right expires and terminates in accordance with law, the Patent Office shall notify the patentee and register and publish it in the patent register and the patent gazette respectively.

After that, the file is stored in the invalid file database for management and kept for at least another 3 years. 2. If the Patent Office of Termination fails to pay the annual fee in accordance with the provisions and notifies the patentee to pay the annual fee and late fee for the current year, and the patentee fails to pay or pay the annual fee and late fee for the current year after the expiration of the overdue period of the patent annuity, the Patent Office shall issue a notice of termination of the patent within two months from the date of expiration of the overdue period and not earlier than one month at the earliest, and if the patentee has not initiated the restoration procedure or the restoration has not been approved, it shall be four months after the notice of termination has been issued. It is registered and published in the Patent Register and the Patent Gazette, respectively. After that, the patent application file is stored in the invalid file database.

The patent shall expire on the date of expiration of the previous year. 3. The patentee voluntarily renounces the patent right, and the patentee voluntarily contributes its invention and creation to the whole society, and may file a declaration to voluntarily renounce the patent right. If the patentee voluntarily renounces the patent right, it shall submit a written statement using the ** uniformly formulated by the Patent Office.

Waiver of patent rights is only allowed to give up all of the patent rights, and it is not allowed to give up part of the patent rights. A declaration of waiver of part of the patent right shall be deemed not to have been filed. If the patentee is not the real owner, and the patentee requests to give up the patent right in bad faith, the real owner of the patent right (which must be proved by providing effective legal documents) may request to revoke the declaration.

In the case of renunciation of a patent with two or more patentees, it shall be agreed by all patentees and signed on the declaration or other documents. If one or more of the two patentees request to give up the patent right, the patentee shall be changed by going through the formalities for changing the bibliographic items. After the declaration of renunciation of the right to exclude the exclusive auspicious spring in accordance with the provisions is approved, the Patent Office will register and publish the relevant matters in the patent register and the patent gazette.

The statement shall be effective after the registration and announcement. The patent right is exclusive, the patentee has the exclusive right to its invention and innovation, and no unit or individual may use it without authorization, and the termination of the patent right means that the patent can be used openly to benefit more people.

After a patent right has been granted for an invention-creation, any unit or individual that finds that it does not comply with the relevant provisions of the Patent Law may apply for a declaration of invalidation of the patent right from the date of grant of the patent. To request invalidation of a patent, the applicant must submit an application and corresponding documents to the Patent Reexamination Board in accordance with the law, and explain the reasons. If the Patent Reexamination Board finds that the request complies with the provisions of the law, it shall make a decision to invalidate the patent right or maintain the patent right in accordance with the procedures prescribed by law.

In order to reduce the workload, smart people have painstakingly studied the methods and methods, which can be said to be the result of their wisdom and the achievement of sweat, which should be blocked by Bao Luzi, which is the role of patents. On the other hand, protecting the fruits of their labor books is also encouraging them to continue to invent and create, reduce labor and improve work efficiency.

A patent right, referred to as a "patent", is a kind of intellectual property right that the inventor or the assignee of his rights enjoys in accordance with the law for a specific invention within a certain period of time. China promulgated the Patent Law in 1984 and promulgated the detailed rules for the implementation of the Law in 1985, making specific provisions on relevant matters. According to the provisions of the Patent Law of the People's Republic of China, the termination of a patent right can be divided into termination at the expiration of the term and termination before the expiration of the term.

1. Termination upon expiration of the term of the patent right(1) The invention patent right shall be terminated after 20 years from the date of filing. (2) The utility model patent right and the design patent right shall be terminated after 10 years from the filing date. 2. The patent right shall be terminated before the expiration of the term of the patent right under any of the following circumstances:

1) Failure to pay annual fees in accordance with regulations; (2) The patentee renounces its patent right by a written statement. If the patent right is terminated before the expiration of the term, it shall be registered and announced by the patent administration department.