Can patent disputes be kept private?

Patent disputes can be settled privately. According to relevant legal provisions, if the patent is exploited without the permission of the patentee, it can be resolved through negotiation between the two parties. If negotiation fails, the patentee or interested party may file a lawsuit in the People's Court, or request the patent management department to handle the matter. Regarding the question of whether patent disputes can be kept private, the editor of Legal Savior Network will give you a detailed answer below.

1. Can patent disputes be kept private?

1. Can patent disputes be settled privately? Private. According to relevant legal provisions, if the patent is exploited without the permission of the patentee, it can be resolved through negotiation between the two parties. If negotiation fails, the patentee or interested party may file a lawsuit in the People's Court, or request the patent management department to handle the matter.

2. Legal basis: Article 65 of the "Patent Law of the People's Republic of China"

Exploiting the patent without the permission of the patentee will infringe the patent rights and cause disputes, which shall be resolved by the parties through negotiation; if the parties are unwilling to negotiate or the negotiation fails, the patentee or interested parties may file a lawsuit in the People's Court, or they may Request the patent management department to handle it. When the patent management department handles the matter, if it determines that the infringement is established, it may order the infringer to immediately stop the infringement. If the party is dissatisfied, it may file a lawsuit with the people in accordance with the Administrative Litigation Law of the People's Republic of China within fifteen days from the date of receipt of the handling notice. If the infringer does not file a lawsuit or stop the infringement upon expiration of the time limit, the patent administration department may apply to the People's Court for compulsory enforcement. At the request of the parties, the handling patent management department may mediate the amount of compensation for patent infringement; if mediation fails, the parties may file a lawsuit in the People's Court in accordance with the Civil Procedure Law of the People's Republic of China.

2. Legal implications of patents

1. A patent is an invention-creation protected by legal regulations. It refers to an invention-creation that submits a patent application to the national examination and approval authority and is granted to the patent applicant after passing the review in accordance with the law. enjoy the exclusive right to the invention within a specified period of time. 2. Patent right is an exclusive right, which is exclusive and exclusive. If a non-patentee wants to use the patented technology of others, he must obtain the consent or permission of the patentee in accordance with the law. 3. A country’s patentPatent rights granted by law are only valid within the jurisdiction of the laws of that country and do not have any binding force on other countries. Foreign countries do not assume the obligation to protect their patent rights. If an invention-creation is only patented in our country, then The patentee only enjoys exclusive rights or exclusive rights in my country. 4. The legal protection of patent rights is time-sensitive. The term of invention patent rights in China is twenty years, and the term of utility model patent rights and design patent rights is ten years, both calculated from the date of application.

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