The scope of patent disputes handled by patent management agencies
The patent management agencies are ministries and commissions under the State Council and local people's governments based on the Chinese patent According to the provisions of the law, the administrative department established in this department and region to manage patent work. According to the provisions of the Patent Law, the patent disputes that the patent management agency can handle include: patent infringement disputes; disputes over the expenses of others to implement the invention after the relevant invention patent application is published but before the patent right is granted; disputes over the right to apply for a patent and the ownership of the patent right; Disputes over awards and remuneration for service inventors.
Patent classification
Patents are divided into valid patents and invalid patents according to the ownership of the holder.
1. Valid patent. Generally speaking, a valid patent refers to a patent that is still valid after the patent application is authorized. For a patent to be valid, first of all, the patent right is still within the legal protection period. In addition, the patentee needs to pay the annual fee as required.
2. Expired patent. After the patent application is authorized, the patent right is lost because the legal protection period has expired or because the patentee failed to pay the patent annual fee in time, or the patent is declared invalid after being requested by any individual or unit and is determined and declared invalid by the Patent Reexamination Board. After the right is granted, it is called an expired patent. An expired patent no longer binds the use of the technology involved.
What to do if you are dissatisfied
The decision made by the patent administration agency on the above disputes, the parties involved If dissatisfied, the party may file a lawsuit to the Intermediate People's Court where the patent management agency is located. When the court has no jurisdiction over the patent case, the party may file a lawsuit to the Intermediate People's Court where the people's government of the province, autonomous region or municipality directly under the Central Government is located. If both parties fail to file a lawsuit with the People's Court within the prescribed time limit, the decision of the patent administration authority will become legally effective.
Hua Lu editor reminds you that the patent management authority willIf the party concerned fails to file a lawsuit upon expiration of the decision made on the act and fails to perform the decision, the patent administration agency may request the People's Court for compulsory enforcement. The above is the relevant information summarized for you. I hope it can help you. This website is committed to creating an excellent legal consultation platform. If you have any questions, please feel free to consult with a lawyer.
