Provisions on Patent Rights Disputes
Article 60: Exploiting a patent without the permission of the patentee is an infringement If a dispute arises over its patent rights, the parties shall resolve it through negotiation; if they are unwilling to negotiate or the negotiation fails, the patentee or interested party may bring a lawsuit to 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.
Main types of patent Disputes
Patent disputes refer to the rights and obligations regarding patents between relevant parties the controversy that occurred. There are many types of patent disputes. Generally speaking, there are six main categories:
1. Disputes over patent application rights
Patent application right disputes are a type of patent disputes, which mainly include: first, disputes about service inventions and creations or non-service inventions and creations; second, disputes about who is the inventor or designer of the invention; third, disputes about who is the inventor or designer of the invention; It is a dispute about who has the right to apply for a patent for an invention created through collaboration (cooperation) or commissioning.
2. Disputes over fees for using inventions after the publication or announcement of the patent application and before the grant of the patent right
According to the provisions of my country's patent regulations, from the time when the patent application is published to the time when the patent right is granted, if someone uses the invention for which the patent has been applied for, the applicant has the right to ask for remuneration, or to retain the right until the patent right is approved. The right to collect patent royalties later. If the relevant parties happen toFor disputes, the patentee may request the patent management agency for mediation, or may directly file a lawsuit with the People's Court.
3. Disputes regarding the implementation of compulsory license royalties
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Compulsory license is an involuntary license, which means that the national patent authority allows qualified third parties to exploit the invention through administrative procedures without the consent of the patentee. Patents or utility model patents and issuing compulsory licenses to them are intended to restrict the patentee from monopolizing patent rights. However, the licensee shall pay royalties to the patent rights. The relevant parties may bring a lawsuit to the People's Court if disputes arise.
4. Patent infringement disputes
There are many disputes of this type, mainly involving unauthorized use by the patentee Licensing, disputes over illegal implementation of other people's patent rights; disputes over counterfeiting of other people's patents; patent administrative infringement disputes, that is, the patent authority has made a decision on compulsory licensing of patent implementation and a decision to declare the patent right invalid that is not in compliance with the provisions of the patent law, infringing or even depriving the patent Disputes arising from the legal rights of the right holder.
5. Disputes over patent ownership
Refer to the disputes over inventions and creations after they are granted patent rights. Disputes arising between parties regarding who should be the real rights holder. The most common disputes over patent ownership are disputes over service inventions or non-service inventions, and disputes over whether a certain patent right is jointly owned. Such disputes can be mediated by the patent office or directly brought to the People's Court. This type of dispute only resolves ownership disputes, that is, it only resolves the subject of the patent right and who is the patentee, without examining the subject matter of the patent right.
Patent ownership disputes are similar to patent application rights disputes, that is, the focus of the dispute is who should actually hold the patented technology. However, patent ownership disputes and patent application rights disputes are two different types of disputes. The main differences are: first, from a time point of view, patent application right disputes occur before the patent right is granted, while patent ownership disputes are disputes after the patent right is granted; second, from a content point of view, patent application right disputes The focus is on who has the right to apply for a patent for an invention-creation, and the patent ownership dispute is to re-raise the patentee for an invention-creation that has been determined to be patented; thirdly, from a morphological point of view, whether the subject matter of the patent application right dispute can be The granted patent is still pending, and the subject matter of the patent dispute is an actually existing patent that has been confirmed by the patent authority; fourth, judging from the results, the handling of the patent application dispute does not involve patent rights. Patent ownership disputes must clearly determine who has beenThe real right holder of an invention for which patent rights are granted.
6. Patent licensing or patent transfer contract disputes
Patent licensing contract refers to the permission of the patentee A contract for others to use their patented invention or utility model; a patent transfer contract refers to a contract for the transfer of patent ownership. After the transfer, the patentee loses its exclusive rights and the assignee becomes the new exclusive owner of the patent. Such patent contract disputes between parties are increasing in practice.
The above is the relevant information compiled by the editor of Legal Savior Network for everyone. To sum up, patent disputes can generally be divided into six types. The more common dispute cases are patent infringement disputes, patent application disputes, patent ownership disputes, royalty disputes, etc. If you have other questions, , welcome online consultation.
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