The malicious acquisition of patent rights manifests four typical types of behavior,namely:submitting patent applications with fabricated technology schemes that do not actually exist,knowingly seeking patents for existing technologies(or existing designs),applying for patents on a technology scheme which is intentionally infringing on others'technological know-how and applying for patents in China after its application in foreign countries which violates confidentiality examination obligations.Depending on whether the infringed interests pertain to public interest or that of a specific third party,these behaviors can be further categorized into invalid or revocable malicious acquisition of patent rights.In the former case,any entity or individual is entitled to petition the State patent administrative authority to declare the patent rights invalid.In the latter case,only specific third parties whose interests have been damaged can claim to revoke the original decision on patent grant,and request the patent authority to alter the ownership of rights.The regulation of malicious acquisition of patent rights requires both the scrutiny of judicial authorities in individual cases and a focus by administrative authorities on governance at the source and strict post-punishment measures,forming a synergistic governance system.
patent rightsmalicious acquisitionlegal actinvalid statusrevocable status