A patent for invention, creation, or patent that is not authorized or lost by the law for various reasons and is no longer protected by patent law.
First, what is a failure patent?
A patent for invention, creation, or patent that is not authorized or lost by the law for various reasons and is no longer protected by patent law.
Two. How did the invalidation patent come into being?
(1) the patent application documents do not meet the requirements of the first instance.
The State Intellectual Property Office in accepting patent applications, to its application is complete, documents are complete, whether conforms to the description of the provisions of the patent law, the identity of the applicant meets the requirements of patent law, the subject invention is belong to the scope of protection of the patent law, whether the application fee for preliminary examination. If the above items fail to meet the requirements, the applicant shall be required to make corrections within the specified time limit. If the applicant fails to make corrections at the expiration of the term, the application shall be deemed to have been withdrawn. If the amendment fails to comply with the requirements of the patent law, it shall be dismissed. Whether it is deemed to be "withdrawn" or "rejected", the application for patent has become invalid patent.
(two) the patent applicant withdraws after the application is announced.
After a preliminary examination, the State Intellectual Property Office believes that the application for patent for invention conforms to the patent law, and the invention of the applicant shall be announced immediately. The applicant shall apply for a substantive review within the statutory period. If the applicant does not request a substantive examination, the application shall be deemed to have been withdrawn and become a lapsed patent.
(three) the patent applicant fails to respond to the case without due reason.
Where the State Intellectual Property Office considers that the patent for invention is not in conformity with the provisions of the patent law after it has been examined in substance, it shall notify the applicant of the invention and require him to present his opinions within the specified time limit or revise his application. If the applicant fails to respond to the case without due reason, it shall be deemed to have been withdrawn and thus become invalid patent.
(four) not applying for patent protection in our country.
The patent rights are regionally, and the patent rights granted by a state can only be supported and protected in the areas under the jurisdiction of the law of that country. If a foreign patent fails to apply for patent protection in China within one year, it will not be protected by China's patent law, which will become invalid patent in china.
(five) the patent holder fails to pay the fees on time.
If the patent holder must fulfill his obligation to pay the patent maintenance fee and fail to pay on time without proper reasons, he shall be deemed to have voluntarily given up the patent right and become a lapsed patent.
(six) the application for patent for invention was rejected.
The patent administrative department of the state considers that the statement and amendment of the patent applicant is not in conformity with the provisions of the patent law, and the patent application has been rejected.
(seven) the withdrawal application or patent right before the patent license is declared invalid.
The applicant has withdrawn the patent application before the patent right is granted, or the grant of the patent right, granted by other units or individuals that the patent right is not in conformity with the relevant provisions of the patent law, may request the Patent Reexamination Board to declare the patent right invalid.
(eight) the patent holder voluntarily gives up the patent right.
Although some patent technologies are still in the period of protection, the patent holder has deemed that they do not have the value of using them and are unwilling to continue to undertake the obligations for them and have written them off in writing.
(nine) expiration of the protection period.
After the expiration of the term of patent protection, the patent holder shall no longer enjoy exclusive rights. China's invention patent protection period is 20 years from the date of application, and the utility model and design patent protection period is 10 years from the date of application.
Is invalidation patent useless?
No A lapsed patent is considered as existing technology, and the right to produce belongs to all mankind. That is to say, once the patent fails, anyone can use it for free, and the product development and sale will no longer be restricted by the rights of the original patent holder.
The failure of the invalid patent reflects the exclusive right of the technical scheme. An invalid patent cannot be applied again because novelty is no longer present. Therefore, other enterprises can use the patent for the development of patent products, without fear of licensing fees, this is an important way for enterprises to save R & D costs. Do not put "failure = useless", the wealth here can not be measured.