Disable about patent application, need has certain acknowledge, because be decided,avoid invalid and generation angst, before patent application very be necessary what to know is patent application invalid, the following thing does sth for sb what to explain for you is patent application invalid:
Patent application is invalid
What is patent application disables
After patent application disables even if awarding in patent, be discovered its are had the requirement that grants patent is concerned in according with exclusive law to reach its to carry out detailed rules, affirm via review a case of patent reexamine council and proclaim its invalid case, be regarded as by the patent of annul from only then nonexistent.
What is the object that patent files invalid request
The boy or girl friend that invalid declare asks is already the patent of announcement accredit, include to had been stopped, abandon (the except that abandons from application day) the patent that already perhaps was disabled by the part.
When can mention patent files invalid request
Service of patent of patent classics the State Council awards and after announcement, any units or individual think of this patent award what do not accord with exclusive law regulation, can request patent reexamine committee to proclaim this patent is invalid.
The cycle that patent files invalid request is how long
Since the day that submits application, patent reexamine committee can be in 8-12 make a decision or so months.
How patent application applies for to disable
Download patent files invalid and corresponding form above the government-owned net in national Patent Office. Regard a request as the person, need to refer commonly: Request book (embedded opinion states) , reach relevant evidence. (Need in duplicate paper formal) , if need a representative,still need to submit invalid acting proxy additionally how. Inside a month after be being referred at the same time, need submits invalid cost. Mail reexamine of bureau of national intellectual property appoint. Still can refer an electron at present of course, need not in duplicate.
Above is the part that submits put on record, through reexamine appoint the form investigates qualification with respect to put on record, next your request book gives pass on obligee undertake rejoining. Be the rich play chess between both sides next.
Patent applies for invalid declare to need what data
(1) files material of main body information: ; of photocopy of business charter of individual identification or company
(; of file of announcement of patent of the patent certificate of 2) patent person, accredit
(Document of prevenient and the prevenient and public patent document related 3) and invalid patent, public science and technology, fair know technology and; of other technology data
(4) patent applies for to disable when involving tort issue, still ought to provide the following data: The includes lawsuit to request a book inside all file; of service of court of people of ② of; of material of etc of manual of ① product objective, photograph, product ③ is accused the production of tort product manages origin of circumstance, technology, time, put into production to prepare a circumstance to show;
(5) invalid declare requests book;
(6) invalid declare receives authority a power of attorney.
The whole technological process with patent invalid application is what kind of
Roughly program:
1, request person refers invalid declare to ask book and relevant witness (if contrast file, use public testimony to wait a moment) ;
2, reexamine appoint 3 people hold water to close commonly after accepting this invalid declare plea discuss group undertake trying;
3, add up to the request book that discusses group general to request a person to refer and relevant evidence to transmit patent person, appoint patent person to be in appoint; of the answer inside deadline
4, close discuss group of hair to export a head to try advice note, party of requirement both sides arrives in designation day reexamine appoint attend oral cognizance;
5, close discuss group chair oral cognizance, undertake investigate and asking bilateral party to focal problem (similar court open a court session is tried) ;
6, party of both sides of introversion of a paragraph of period after oral cognizance ends gives out invalid declare to request to examine decision book, signal bilateral and final result.
Above is a thing do sth for sb to be collected for everybody about the knowledge in patent, the hope can bring a few helps to you.
