1. How to go through the patent protection process
1. Report to the patent management authority Apply for mediation and settlement: It is not necessary. The parties can directly file a lawsuit in the People's Court without going through administrative mediation. However, the decision of the patent management authority must undergo judicial review. The dissatisfied party can also go to the court to file an administrative lawsuit. The administrative lawsuit will go through two trials, and cross-provincial enforcement will be difficult.
2. File a lawsuit in court: conduct a comparative analysis of the alleged infringing party's technology and your own patented technology to determine whether the patent infringement is established; investigate the scope or extent of the infringement, Prepare a complaint and relevant evidence; file a case in a court with jurisdiction; hold a hearing in court and wait for the court's ruling or judgment to take effect; apply for compulsory execution. The statute of limitations for litigation is two years, starting from the date when the patentee or interested party learns or should have learned of the infringement.
II. Relevant Laws
"Patent of the People's Republic of China" Law"
Article 60: Implementing the patent without the permission of the patent owner will infringe the patent rights and cause disputes, which shall be resolved by negotiation between the parties; If they are unwilling to negotiate or cannot reach an agreement, the patentee or interested party may file a lawsuit in the People's Court or request the patent administration department to handle the matter. 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.
Article 61: Patent infringement disputes involve the development of new product manufacturing methodsIf a patent is patented, the unit or individual that manufactures the same product shall provide proof that the manufacturing method of the product is different from the patented method
If a utility model patent is involved, the people's court or the administration The patent administration department may require the patentee to issue a search report prepared by the patent administration department of the State Council.
Article 62: In patent infringement disputes, the accused infringer has evidence to prove that the technology or design he implemented belongs to the existing technology or existing design does not constitute infringement of patent rights.
Article 63: Anyone who counterfeits a patent shall, in addition to bearing civil liability in accordance with the law, be ordered to make corrections and make an announcement by the department managing patent affairs, and the illegal gains may be confiscated. In addition, a fine of not more than four times of the illegal income shall be imposed; if there is no illegal income, a fine of not more than 200,000 yuan may be imposed; if a crime is constituted, criminal liability shall be pursued in accordance with the law.
3. What methods can be used to protect patent rights if their patent rights are infringed?
(1) If a dispute arises due to infringement of patent rights, it shall be resolved through negotiation between the parties;
(2) If the negotiation is unwilling or the negotiation fails, the patentee or Interested parties may bring a lawsuit to the People's Court;
(3) If they are unwilling to negotiate or the negotiations fail, the patentee or interested parties may also request patent management work department processing. The departments that manage patent work refer to the departments that manage patent work established by the people's governments of provinces, autonomous regions, municipalities directly under the Central Government, and the people's governments of districted cities that have a large workload of patent management and have the actual processing capabilities;
(4) At the request of the parties, the department responsible for managing patent work may mediate the amount of compensation for infringement of patent rights; if mediation fails, the parties may file a lawsuit with the People's Court in accordance with the Civil Procedure Law Prosecution;
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