The 2023 Patent Law stipulates how to handle patent infringement disputes

If a patent infringement dispute arises, the infringer and the patentee shall negotiate and resolve the dispute on their own; 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. Regarding the patent law and how to deal with patent infringement disputes, the editor of Legal Savior Network will give you detailed answers below.

1. Patent Law stipulates how to handle patent infringement disputes

1 , if a patent infringement dispute arises, it can be handled in the following ways:

(1) The infringer and the patentee shall negotiate and resolve the dispute on their own;

(2) If the negotiation is unwilling or the negotiation fails, the patentee or interested party may file a lawsuit in the People's Court, or request the patent administration department to handle the matter.

2. Legal basis: "Patent Law of the People's Republic of China"

Sixty-fifth Article 13 If the patentee is exploited without the permission of the patentee, the patentee's patent rights are infringed, and disputes arise, the parties shall resolve them through negotiation; if they are unwilling to negotiate or the negotiation fails, the patentee or interested party may file a lawsuit in the People's Court, or Request the patent management department to handle it. 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.

2. How to litigate patent infringement

1. Prosecution: Submit a complaint to the filing division of the court with jurisdiction.

2. Case filing review: If the case filing conditions are met, the appropriate party will be notified.The litigant must pay the litigation fee within 7 days, and the case will be filed after payment. If the case filing conditions are not met, the case will be ruled inadmissible and the lawsuit will be dismissed. If you are dissatisfied with the decision to dismiss the prosecution, you must appeal to the higher people's court within 10 days.

3. After the lawsuit is accepted

The court will serve a copy of the complaint to the other party within 5 days , the other party will respond within 15 days.

4. Schedule the hearing

Notify the parties 3 days in advance of the court time, location, and host People, public hearing cases will be announced three days in advance.

6. Hearing

Announce the opening of the court, check the identities of the parties, announce the members of the collegial panel, and inform Rights and obligations of the parties, and inquire whether to apply for recusal.

7. Reach a mediation agreement

Make a mediation letter, which will take effect after both parties sign it. The party concerned fulfills the contents of the mediation agreement or applies for execution, and submits a retrial application to the court.

If a mediation agreement is not reached, the collegial panel will make a ruling (declaration of judgment): If the judgment is agreed, the parties will automatically perform the obligations specified in the judgment document or submit an enforcement request to the court of our court. Apply. If you disagree with the judgment, you may appeal to the higher people's court within 10 days from the date of service of the ruling, and appeal to the higher people's court within 15 days from the date of service of the judgment.

8. Appeal

Submit an appeal letter to the court administrator and pay the appeal fee as required The court will serve a copy of the appeal petition to the other party within 5 days, and the other party will respond within 15 days.

According to the provisions of the Patent Law, if a patent infringement dispute arises, the infringer and the patentee shall negotiate and resolve the dispute on their own; if they are unwilling to negotiate or the negotiation fails, , the patentee or interested party may file a lawsuit in the People's Court, or request the patent administration department to handle the matter. 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.