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First of all, you need to understand what it means to invalidate someone else's patent, and what are the grounds for invalidating someone else's patent. This is the most basic. If you don't know, you can take a general look at the Patent Law and the Patent Law Implementation Rules.
Then, if you look at the legal status of other people's patents, if they are invalid, you basically don't need to invalidate them anymore. For patents that are still valid, take a look at the application date, if they are about to expire, there is no need to invalidate them, and wait for them to expire and enter the public domain. If it is necessary to invalidate a patent that is currently in force, then carefully study the technical content of another person's patent, see if there are any defects in the form of his document, and then search for relevant things for the technical content to see if it has been disclosed before the filing date, and if the document is defective, etc.
Finally, if you are not very knowledgeable about patents, it is recommended to entrust a special ** agency (most of them are called intellectual property ******) to help you do invalidation, because this work is a very professional work, and a little carelessness may affect the final result (even in different years, the reasons and evidence for invalidating other people's patents may be different).
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If you have an interest in his patent, you can do it, and if it doesn't, you will offend people if you do it. If you want to invalidate someone else's patent, it is very simple, file it with the patent office, send a request for invalidation with your statement of reasons, and ** to the patent office****.
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First open it, enter: "State Intellectual Property Office", as shown in the figure below, there is a patent query opened:
After opening: Public InquiryPoint Agree: <>
Finally, enter the patent number, especially emphasized: the patent number, the name of the inventor, and the person who applies for a good round posture must fill in one to check the cavity and get it, and then enter the verification code and click to query.
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Patent invalidation search, sometimes referred to as invalid evidence search, authorized patent search, patent validity search, patent stability search, etc.; For enterprise intellectual property professionals, this is a relatively common type of patent search activity, which refers to the act of searching for patent or non-patent documents that can destroy the novelty and inventiveness of a granted patent for the claims of a granted patent.
Common categories of patent invalidation searches:
1. Patent subject search.
Generally, it refers to the search conducted before the development of technology, and the search conducted by enterprises in order to understand the research status in the field of technology and determine the research direction;
2. Patentability search.
Generally, it refers to the process of patent application and before the grant of the patent, the examiner conducts a search for novelty and inventive step of the technical solution in the patent application;
3. Patent invalidation search.
Generally speaking, it refers to the search conducted by the invalidation claimant for the purpose of destroying the patent's brilliance and inventiveness in accordance with the relevant provisions of the Patent Law after the patent is granted, or the search conducted by the patentee to analyze the stability of the patent right before the infringement lawsuit (also known as the patent stability search);
4. Patent infringement search.
It refers to the search conducted by the accused infringer for the purpose of destroying the novelty and inventiveness of the patent in question in order to protect its own interests based on the "prior art defense principle". Different types of patent searches have different search strategies.
Patent Invalidation Search Process:
1. Confirm the latest legal status and ownership of the target patent;
2. Inquire about the examination history files and literature citations of the target patent;
3. Inquire about the historical file of the patent invalidation administrative litigation of the target patent;
4. Inquire about the patent family of the target patent, its examination history, citation literature, and invalidation history;
7. Analyze the claims of the target patent and extract the search elements;
8. Express the retrieval elements and construct the retrieval strategy;
10. Screen the search results and combine the evidence.
It's not good to say it directly, friends, it's short-lived if you're not happy, and it'll be okay right away.
Improve your own abilities, and you will see others.
I hit Shanghai Feidiao**, saying that their company did not make this battery, so the front must be fake, so the quality is definitely not worth the wholesale **1 yuan he said, and it is estimated that it is only a few cents!
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Article 45 of the Patent Law stipulates that:"From the date of the announcement of the grant of the patent right by the State Intellectual Property Office, 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. "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 been set up in the patent examination procedure"Patent invalidation proceedings"。 >>>More