1. Under what circumstances can the invention patents of state-owned enterprises and institutions be promoted and applied
1. If the invention patents of state-owned enterprises and institutions are of great significance to national interests or public interests, the relevant competent departments of the State Council and the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government may, upon approval by the State Council, decide to promote and apply them within the approved scope.
2. Legal basis: "Patent Law of the People's Republic of China"
54 If the invention patents of state-owned enterprises and institutions are of great significance to national interests or public interests, the relevant competent departments of the State Council and the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government may, upon approval by the State Council, decide to promote and apply them within the approved scope, and allow designated If an entity implements the patent, the implementing entity shall pay royalties to the patentee in accordance with national regulations.
2. How to handle patent licensing disputes
1. Self-negotiation to solve the problem
Self-negotiation to solve the problem should be the preferred method of the parties. It has the following advantages : 1. Negotiation by the parties on their own can reduce the chance of intensification of conflicts and resolve disputes at the lowest cost; 2. It can appropriately reduce the human and financial resources invested by the parties in resolving disputes; 3. Negotiation may be the most efficient way to solve problems. .
2. Request mediation from the patent administration department
The parties are unwilling to negotiate or the negotiation fails Yes, you can also request mediation from the patent management department.
According to the provisions of the Patent Law, request the department that manages patent workTo mediate patent disputes, a request must be submitted. The request shall record the following contents: (1) The name and address of the requester, the name and position of the legal representative or principal responsible person, and if an agent is entrusted, the name of the agent and the name and address of the agency; (2) ) The name and address of the person being requested; (3) The specific matters and reasons for requesting mediation.
3. File a lawsuit in the People's Court
In addition to negotiating a solution on your own and requesting the patent management department In addition to mediation, the patent applicant or interested party may file a lawsuit in the People's Court. The following points should be noted when filing a lawsuit:
(1) The intermediate people's court and the Supreme People's Court at the location of the people's government of the province, autonomous region, or municipality directly under the Central Government shall be designated as having jurisdiction. prosecution in court.
(2) The statute of limitations for patent application rights disputes is three years from the date the right holder knew or should have known about it. It is generally believed that the date of publication of an invention patent application is regarded as the date the parties should have known about it.
(3) Sufficient evidence should be prepared.
According to the provisions of the Patent Law, if the invention patents of state-owned enterprises and institutions are of great significance to national interests or public interests, the relevant competent departments of the State Council and the provincial government shall The people's governments of autonomous regions and municipalities directly under the Central Government may, upon approval by the State Council, decide to promote application within the approved scope. 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.
