How to apply for someone else s patent to be invalid, and if you apply for a patent, someone else ca

Among the patent-related businesses, one is the patent invalidation business, which can be filed with the State Intellectual Property Office for patent invalidation.

Article 45 of the Patent Law of the People's Republic of China stipulates that: "From the date of the announcement of the grant of a patent right by the Patent Office, any entity or individual may request the Patent Reexamination Board to declare the patent right invalid if it considers that the grant of the patent right does not comply with the relevant provisions of this Law." In order to safeguard the seriousness of the Patent Law and safeguard the interests of the general public, the Patent Law of the People's Republic of China has set up a "patent invalidation procedure" in the patent examination procedure.

The operation process is roughly as follows:

After preparing the materials for the patent invalidation request, the Patent Reexamination Board submits the request to the State Patent Reexamination Board, and the Patent Reexamination Board sends a copy of the request for invalidation of the patent right and copies of the relevant documents to the patentee, requesting that the patentee state its opinions within the specified time limit, and the patentee may amend the patent documents, but shall not expand the scope of protection of the original patent; If there is no reply within the time limit, it will not affect the trial of the Patent Reexamination Board.

The Patent Reexamination Board examines the request for invalidation of the patent right, makes a decision, and notifies the applicant and the patentee. The decision to declare a patent right invalid shall be registered and published by the Chinese Patent Office. If you are not satisfied with the decision of the Patent Reexamination Board to declare the invention patent invalid or maintain the patent right, you may file a lawsuit with the people's court within three months from the date of receipt of the notice (information from Shenzhen Zhongyi Patent and Trademark Institute).

From the date of publication of the grant of a patent application, 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. Where a request for invalidation or partial invalidation of a patent right is made, the applicant shall pay the fee for the request for invalidation in accordance with the regulations, and submit the request for invalidation and the necessary evidence in duplicate, and the request for invalidation shall be combined with all the evidence submitted, specifying the reasons for the request for invalidation and indicating the evidence on which each reason is based. If the requester fails to specify the reasons for invalidation, or submits evidence but does not specify the reasons for invalidation in conjunction with all the evidence submitted, or fails to specify the evidence on which each reason is based, the request for invalidation shall not be accepted.

If any party is dissatisfied with the decision on the examination of the request for invalidation of a patent, it may file a lawsuit with the people's court within three months from the date of receipt of the notice. After the examination decision declaring a patent right invalid takes legal effect, it shall be registered and published by the Patent Office. A patent that has been invalidated is deemed to have ceased to exist ab initio.

Yes. To be precise, it should be that after the patent is granted, others cannot produce this thing for commercial use. You can sign a contract with others to implement Xu Bixianke, pay the patent royalty to the patentee, and then you can use it.

Legal basis: Patent Law of the People's Republic of China

Article 11 After a patent right for invention or utility model is granted, except as otherwise provided in this Law, no unit or individual may exploit the patent without the permission of the patentee, that is, it may not manufacture, use, offer to sell, sell or import its patented products, or use its patented process, or use, offer to sell, sell or import products directly obtained in accordance with the patented process for the purpose of production or business.

After the design patent right is granted, no unit or individual may exploit the patent without the permission of the patentee, that is, it shall not manufacture, offer to sell, sell or import its design patented products for the purpose of production and operation.

Article 12 Where any unit or individual exploits another person's patent, it shall enter into a license contract with the patentee and pay the patentee exclusive royalties. The licensee has no right to allow any entity or individual other than those specified in the contract to exploit the patent.

Obtain patent licensing, patent transfer, etc., and others can use it. Legal basis: Article 11 of the Patent Law of the People's Republic of China After the invention and utility model patent is granted, except as otherwise provided in this Law, no unit or individual shall exploit the patent without the permission of the patentee.

Applying for a patent does not mean that others cannot use it, but it cannot be used by others at will, and it can only be used with the authorization or permission of the right holder.

It's not that it can't be used, it's that the patent can't be exploited without the permission of the patent right, and the specific provisions are set out in Article 11 of the Patent Law. If it is a legal patented product, such as buying it from the patentee or an organization or individual authorized by the patentee, it can be used legally.

No, someone else has applied for a patent, and if he mass-produces it, you can have the right to use it, but you don't have the right to produce.

Is it patented? Others can't use it, but if you want to use it, you have to charge for the patent.

If you apply for a patent, of course, others can't use it. If someone else uses it again, it is theft. So it's a crime.

If you apply for a patent, someone else will violate your patent right if you use it for commercial use, and you can sue him.

You can also use it for the duration of the patent term, but you must pay a royalty.

Legal analysis: According to Article 64 of the Detailed Rules for the Implementation of the Patent Law of the People's Republic of China, the circumstances leading to the invalidation of the patent right are stipulated in the following aspects: 1. The subject matter does not meet the conditions for the grant of the patent, 2. The illegal circumstances in the patent application:

3. Violation of mandatory provisions of the law, 4. Repeated authorization. The so-called invalidation of a patent is a situation in which a patent is found to have failed to meet the conditions for granting a patent right in the Patent Law and its implementing rules after the patent right has been granted, and the patent right declared invalid has been confirmed and declared invalid by the Patent Reexamination Board. According to Article 64 of the Detailed Rules for the Implementation of the Patent Law of the People's Republic of China, the "grounds for requesting invalidation" of a patent right are the "circumstances" that lead to the invalidation of the patent right, including the following aspects:

1. The subject matter does not meet the conditions for granting a patent, 2. Illegal circumstances in the patent application: 3. Violation of mandatory provisions of the law, 4. Repeated authorization. According to Article 45 of the Patent Law, 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 this Law, it may request the Patent Reexamination Board to declare the patent right invalid.

Article 46 stipulates that the Patent Reexamination Board shall examine and make a decision on a request for invalidation of a 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. If the Patent Reexamination Board is dissatisfied with its decision to declare the patent right invalid or to maintain the patent right, it 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.

Legal basis: Patent Law of the People's Republic of China

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

Rule 46 The Patent Reexamination Board shall examine and make a decision on a request for invalidation of a patent right in a timely manner, and shall 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.

Where a request for invalidation or partial invalidation of a patent right is requested, the request for invalidation of the patent right and the necessary evidence shall be submitted to the Patent Reexamination Board of the State Intellectual Property Office in duplicate. The request for invalidation shall be combined with all the evidence submitted, specifying the reasons for the request for invalidation, and referring to the evidence on which each of the reasons is based. At the same time, the fee shall be paid:

The fee for invalidation of invention patents is 3,000 yuan, and 1,500 yuan for utility models and designs. The fee shall be paid to the Fee Office of the Patent Office of the State Intellectual Property Office.

Entrust a professional to handle the process:

1) The client explains the cause of action, the reasons for the invalidation, and the factual basis, and determines the purpose of the request for invalidation.

2) Sign the invalidation contract and power of attorney.

3) The client submits proof of identity, including a copy of the business license of the enterprise and the identity certificate of the legal representative.

4) The client shall pay the relevant fees according to the contract.

5) Require the client to provide in writing the relevant search materials related to the prior rights related to the invalid patent, or to provide relevant technical data in the same technical field, similar technical field, or related technical field; The client is also required to provide relevant search materials. If only a copy is provided, the source, printing, publication time and cover of the photocopy, the second or third cover or back cover, title page and other contents of the copy shall be provided in writing. If the invalidation of the appearance patent is involved, it is also necessary to provide all kinds of information, albums and other materials that are the same or similar to the patent, and collect relevant evidence, including prior disclosure documents, technical data, invoices, contracts, product objects and other relevant supporting materials for prior manufacturing and sales, and other notarized supporting materials for prior disclosure.

6) Research the evidentiary materials, determine the most effective plan for requesting invalidation, and whether it is necessary to notarize or appraise important evidence; Drafting a request for invalidation and filing a request for invalidation with the Patent Reexamination Board.

7) Settlement in the invalidation procedure, and put forward the settlement plan and conditions according to the client's opinions, and write and sign the settlement agreement.

8) Study the patentee's statement of opinion and make a reply in a timely manner. If a patent involving high technology or new technology is invalidated, the client shall appoint professional and technical personnel who are familiar with the technology to cooperate and guide the technical analysis, write the invalidation request, and participate in the oral hearing.

1. Assist the client to obtain the notice of invalidation from the Patent Reexamination Board within the defense period (within 15 days);

2. After being accepted by the Patent Reexamination Board, submit a request to the people's court to suspend the trial of the patent infringement dispute;

3. After the Patent Reexamination Board makes an invalidation decision, it shall forward the relevant invalidation decision to the people's court.