Patent reexamination refers to a process of reexamining an authorized patent. When there are patent disputes, patent invalidity, and other situations, interested parties can resolve the dispute by applying for patent review. Below is a detailed introduction to the relevant content of patent review.
1、 Application Conditions for Patent Reexamination
1. The applicant must have a legitimate interest relationship;
2. New facts, new reasons, or new evidence related to the invalidity of patent rights must be provided;
3. The application period is within 3 years from the date of receipt of the patent authorization letter by the patentee, but there is no time limit for granting patent rights that violate legal provisions.
2、 Procedure for Patent Reexamination
The procedures for patent reexamination mainly include application, acceptance, examination, announcement, defense, and other links.
1. Application: The applicant may submit written application materials to the China National Intellectual Property Administration or the Patent Reexamination Board and pay relevant fees.
2. Acceptance: After preliminary examination, the China National Intellectual Property Administration or the Patent Reexamination Board will decide whether to accept the application.
3. Examination: Patent reexamination examination mainly includes factual examination, legal examination, patent technology examination, etc.
4. Announcement: During the examination of patent reexamination cases, the China National Intellectual Property Administration or the Patent Reexamination Board will announce the request for reexamination. 5. Defense: Both the patentee and the applicant have the right to submit defense opinions to the patent reexamination request.
3、 Effectiveness of Patent Reexamination
The effectiveness of patent reexamination is mainly manifested in the following two aspects:
"For a patent that has been determined to be invalid, the reexamination decision shall be final, that is, no further application for reexamination shall be filed;";
"For a patent that has been determined to be valid, the reexamination decision is relatively final, that is, during the patent period, those who have objections to the invalidity of the patent can only resolve it through litigation.".
4、 Significance of Patent Reexamination
Protection of intellectual property rights: Patent review is an effective means of safeguarding intellectual property rights. When the rights and interests of the patentee are infringed, they can be protected through patent review.
Maintain market order: Patent review can prevent malicious infringement and maintain market order.
Promoting technological innovation: Patent review can promote technological progress and innovation, and prevent patent holders from abusing patent power. In short, patent review is an important mechanism for resolving patent disputes. When the legitimate rights and interests of the patentee are infringed, relevant interested parties can resolve the dispute by applying for patent review, thereby safeguarding their legitimate rights and interests.