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专利文献是巨大的技术宝库,它所囊括的技术信息量约占总信息量的90％以上。人们利用专利文献不断进行研究和开发,节省了时间和费用,促进了科学技术的发展,在公开的专利文献中,由于各种原因,造成一些专利成为失效专利,对于这些不受专利法保护的技术方案,通常认为可以随意实施。对这些失效专利能否直接采用而不必顾及侵权责任的问题呢?不是的,不仅要看该技术方案的专利法律状态,还要分析相关技术的有关技术法律状态。 所谓失效专利是指已被结案如被视为撤回、自动撤回或被驳回的专利申请,以及视为放弃取得专利权、专利权终止、专利权被撤销、专利权被宣告无效的专利。下面对专
Patent literature is a tremendous treasure trove of technology, and it encompasses about 90% of the total amount of technical information. People use the patent literature to conduct continuous research and development, save time and money, and promote the development of science and technology, in the open patent literature, due to various reasons, resulting in some patents become invalid patents, for these are not protected by the patent law Technical solutions are generally considered as free to implement. Whether these invalid patents can be directly adopted without having to take into account the liability for tort? No, not only depends on the state of patent law of the technical solutions, but also analyzes the relevant technical and legal status of the related technologies. A so-called invalid patent means a patent application that has been closed if it is deemed to be withdrawn, automatically withdrawn or rejected, as well as a patent that is deemed to have given up obtaining a patent right, termination of the patent right, withdrawal of the patent right, and invalidation of the patent right. The following specific