Discuss The Application Of The Law To Requesting For Declaring The Patent Invalid According To Applite &. Kangde Case

The article 47 of the patent law says, the patent right declared invalid is ineffective from the beginning of the patent being authorized. Accordingly, in the tort action, you will not infringe the patent right if the infringement of the patent shall be void. In practice, the people who fulfill the patented technology, who are sued to infringe the patent, tend to offer any evidence to request for invalidation, from infringement of nothing. So, the application, declaring the patent right invalid from the patent reexamination board, shall be one of the effective weapons, when the patentees concerned about the infringement.From the request for invalidation, it discusses the problems on the scope of the protection, the novelty and the creativity about the patent, also deals with the evidence, and the way about the request for invalidation of the patent, and the problems about how to take out the proofs, according to the case "Beijing company & Applite company". It discusses briefly the law duty of the malicious according to the basic problems on the way, evidence and legal consequences of requesting the patent invalid. This article falls into three sections.Chapter I introduces, in brief, to the case "Beijing company & Applite company". It focuses on the court's decision, and the focal point of controversy about the case.Chapter II is the legal analysis about the questions involved this case. It focuses on the legal problems involved the novelty and creativity of the patented technology according to the court's decision and the patent law. In accordance with the patent law, the guidelines for examination and the relevant regulations, the novelty and creativity of the patented technology are authorized by the two conditions, they are major targets to revoke the patent. At the request for invalidation, the applicant must take out the evidence complying with the patent law and relevant laws, revoking the patent.Chapter III is the thinking of the case. It discusses the basic theories of the application for invalidation, and the onus of proof and methods according to the case. The point is that the process on the application for invalidation is very complex. You must take out the true and valid evidences in accordance with the statutory procedures if you want to success. When the applicant is kindful, he is allowed for the failure, but you could not be allowed to apply for invalidation, if you are malicious.