1. How long does it take from disclosure to authorization of an invention patent?
Applying for a patent for an invention patent After the patent is granted, a substantive examination must be applied for within 3 years of the application. If no reason for rejection is found after the examination, the patent right will be granted and announced.
"Civil Code of the People's Republic of China"
Article 35 Application for an invention patent shall be made from Within three years from the date of application, the patent administration department of the State Council may conduct a substantive examination of the application based on the request made by the applicant at any time; if the applicant fails to request a substantive examination beyond the time limit without justifiable reasons, the application will be deemed to have been withdrawn.
When the patent administration department of the State Council deems it necessary, it may conduct a substantive examination of an invention patent application on its own.
Article 39: If no reason for rejection of an invention patent application is found after substantive examination, the patent administration department of the State Council shall make a decision to grant the invention patent right and issue the invention The patent certificate shall be registered and announced at the same time. The invention patent right shall take effect from the date of announcement.
2. What is the burden of proof for invention patent infringement
1. The plaintiff’s proof
After filing a lawsuit in court, regarding the distribution of the burden of proof, Generally, the person suing has the obligation to collect or provide evidence for the claim he or she makes.
2. The court obtains evidence
If the plaintiff cannot collect evidence on his own due to objective reasons, For example, if the evidence is in the hands of the defendant, or the People's Court deems it necessary to hear the case, the People's Court will investigate and collect it.
3. The defendant provides evidence
In infringement litigation cases directly stipulated by law, the burden of proof is reversed, which means that the defendant is allowed to provide evidence.
As for patent infringement lawsuits arising from invention patents for new product manufacturing methods, in practice, units or individuals that manufacture the same product will decide whether the manufacturing method of the product is different from the patented method. To bear the burden of proof is to apply the inversion of the burden of proof and let the defendant give evidence.
In fact, after an invention patent is infringed, there are many ways to solve the problem. Courts generally resolve patent infringement disputes in the following ways:
1. Negotiate settlement
After the invention patentee has obtained certain evidence, such as purchasing the infringing product on the market or obtaining sales advertisements and instructions for the infringing product, it is initially determined that the infringement is established, and then both the infringer and the patentee agree to negotiate a settlement. A more effective way to adopt.
2. Handling by the patent management agency
In the event that one of the two parties does not agree to negotiate a settlement, or cannot reach consensus on the conditions for a negotiated settlement, or does not resolve the matter through negotiation, the invention patentee may request the patent administration agency for mediation.
3. Sue in the People's Court
After the patentee discovers the infringement, he can request the patent management agency to handle it or directly file a lawsuit in the People's Court. It is entirely up to the patentee to decide which path to take. However, it should be noted that when filing a lawsuit in the People's Court, it should be noted that not any level or people's court in any place has jurisdiction, and it is necessary to find the patent infringer. , the intermediate court at the place where the infringement occurred.
Through the above analysis, we know that according to the provisions of the Patent Law, within three years from the filing date of an invention patent application, the applicant To apply for substantive examination, if no reason for rejection is found in the invention patent application after substantive examination, the patent administration department of the State Council will make a decision to grant the invention patent right. If you need legal help, readers can go to the Legal Savior Network for consultation.