1. How to handle patent ownership disputes
1. Regarding patents If a dispute arises over infringement compensation, the parties may resolve the dispute through the following channels:
(1) Negotiation. On the basis of equality and voluntariness, both parties reach a settlement agreement through friendly negotiation, mutual understanding and concession, and then resolve the dispute.
(2). Mediation. Under the auspices of relevant organizations (such as the People's Mediation Committee and the patent management department), we can distinguish right from wrong and clarify responsibilities on the basis of equality, voluntariness, and legality, and promote the parties to reach an agreement independently by presenting facts and reasoning. solve the arguement.
(3), Litigation settlement. Resolving the dispute through litigation means that one party to the dispute files a lawsuit in the People's Court in accordance with the law, and the court hears it in accordance with the law, makes a judgment or ruling, and resolves the dispute through the parties' conscious performance of the effective judgment or the compulsory execution of the People's Court.
2. Legal basis: Article 52 of the "Patent Law of the People's Republic of China" If any dispute arises between the parties regarding the implementation of an open license, the parties shall negotiate If you are unwilling to negotiate or the negotiation fails, you can request the patent administration department of the State Council for mediation, or you can file a lawsuit in the People's Court.
Article 65: Implementing the patent without the permission of the patent owner will infringe the patent right and cause disputes, which shall be resolved by negotiation between the parties; If negotiation or 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. 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. Sue in court; the infringer will not sue after expiration of the time limit and will not stopTo stop infringement, the patent administration department may apply to the People's Court for 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. Behaviors that do not constitute patent infringement
According to the provisions of the Patent Law, any of the following circumstances will not be considered In order to infringe patent rights:
(1) Patented products manufactured or imported by the patentee or manufactured or imported with the permission of the patentee or obtained directly according to the patented method After the product is sold, use, offer to sell or sell the product;
(2) The same product has been manufactured, the same method has been used, or the same product has been manufactured before the date of patent application. Making necessary preparations for manufacture and use, and continuing to manufacture and use only within the original scope;
(3) Temporarily passing through China's territorial land, territorial waters, Foreign transportation vehicles in the airspace use relevant patents in their devices and equipment for the transportation vehicle's own needs in accordance with the agreement signed by the country to which it belongs and China or international treaties to which both parties are a party, or in accordance with the principle of reciprocity;
(4) Use relevant patents exclusively for scientific research and experiments.
Using or selling for production and business purposes a patented product that is not known to be manufactured and sold without the permission of the patentee or a product directly obtained according to a patented method, Those who can prove the legal origin of their products will not be liable for compensation.
After applying for mediation, if mediation fails, you can apply for arbitration or file a lawsuit in the People's Court. I hope the above content can be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior website to consult a professional lawyer.
