What are the contents protected by the patent right procedure
Procedural protection of Patent rights refers to the system regarding the specific sequence, methods and procedures for handling patent rights affairs in order to ensure that patent rights are more fully and conveniently realized.
Specifically, the procedural protection of patent rights includes The following two aspects:
First, the procedure for obtaining patent rights meets the requirements of procedural justice. The patent right acquisition procedures referred to here are in a broad sense, including patent right review and approval procedures, invalidation procedures and compulsory licensing procedures. Regarding the procedures for obtaining patent rights, most of the current relevant writings only introduce the relevant provisions of the Patent Law from the perspective of annotation law, and rarely explore the rationality of these procedures themselves.
Second, the procedures for handling patent disputes meet the requirements of procedural justice.
my country's current Patent Law provides two ways to resolve patent disputes:
(1) Administrative channel. For administrative patent disputes and patent disputes of a civil nature that arise in patent examination procedures, invalidation procedures, and compulsory licensing procedures, the parties can resolve them through administrative channels such as administrative review, administrative litigation, and administrative rulings.
(2) Litigation channels. If a patent applicant is dissatisfied with the reexamination decision of the Patent Reexamination Board, the patentee may file a lawsuit with the People's Court if the patent right has been infringed. Litigation procedure is the most prudent, rigorous and final procedure in handling patent cases, and it is also the procedure that can best ensure fairness in the system. The revised Patent Law retains the finality of judicial trials, which is the minimum and most basic guarantee of procedural fairness.
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