1. How long does it take to apply for a drug patent?
Drugs can only When applying for an invention patent, the applicant must apply for a substantive examination within 3 years of the application. If there is no reason for rejection during the substantive examination, the patent right will be granted.
"Patent Law 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substantive examination beyond the time limit without justifiable reasons, the application will be deemed to have been withdrawn.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 provides evidence
After filing a lawsuit in court, regarding the allocation of the burden of proof, the person filing the lawsuit generally 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, the evidence is in the hands of the defendant, or the people's court believes that the trialThe People's Court will investigate and collect the evidence needed for the case.
3. The defendant's proof
In infringement litigation cases directly stipulated by law, the proof is applicable Inversion of responsibility means that the defendant is allowed to present evidence.
The method of assuming the burden of proof is to apply the inversion of the burden of proof and let the defendant provide evidence.
In fact, after an invention patent is infringed, it can be resolved in a variety of ways. It is not the only way to deal with it in court. The general ways to resolve patent infringement disputes are as follows:
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1. Negotiated settlement
The invention patentee has obtained certain evidence, such as in the market A more effective approach is to buy an infringing product online or obtain sales advertisements and instructions for an infringing product, etc., and initially determine that the infringement is established, and then both the infringer and the patentee agree to negotiate a settlement.
2. Handled by the patent management agency
If one of the two parties does not agree to negotiate a settlement, or If a consensus cannot be reached on the terms of a negotiated settlement or a settlement has not been reached through negotiation, the invention patentee may request the patent administration agency for mediation.
3. Sue in the People's Court
After discovering the infringement, the patentee may request The patent administration agency can also file a lawsuit directly with the People's Court. The specific path to take is entirely up to the patentee. 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 the patent infringer and the intermediate court in the place where the infringement occurred should be found.
Through the above analysis, we know that according to the provisions of the Patent Law, if an invention patent application is submitted for patent substantive examination within three years from the filing date, the substantive examination does not find any rejection If there are reasons, the patent administration department shall grant the patent right. Therefore, the time limit for approval of an invention patent is 3 years. If you need legal help, readers can go to the Legal Savior Network for consultation.
