What are the methods for resolving patent infringement disputes?
After a patent infringement dispute arises, the parties can resolve it through negotiation. If the parties are unable or unwilling to resolve it through negotiation:
1) You can request the patent management department to handle the matter. When the patent management department handles the matter, it determines that the infringement is established and can order it to immediately stop the infringement. If the party is dissatisfied with the handling of the patent management department, it can do so after receiving the handling. Within fifteen days from the date of notification, an administrative lawsuit shall be filed with the People's Court in accordance with the "Administrative Litigation Law of the People's Republic of China". If the infringer does not file a lawsuit or stop the infringement after the expiration of the fifteen days, the patent management department may apply to the People's Court for compulsory prosecution. Execution;
2) If the parties are unable or unwilling to mediate, they may also file a lawsuit with the People's Court for settlement.
If a party has a dispute over the right to apply for a patent or the ownership of the patent right, and has requested the patent administration department to handle it or filed a lawsuit in the People's Court, he or she may request the patent administration department of the State Council to suspend the dispute. Regarding the patent review and approval procedures, if the party requests to suspend the relevant procedures, he shall submit a written application to the patent administration department of the State Council, and attach a copy of the relevant acceptance document from the patent administration department or the people's court.
After the patent management department makes a decision, or the judgment made by the people's court takes effect, the party concerned shall submit a written application for resumption of proceedings to the patent administration department of the State Council, And go through relevant procedures. The request should be attached with the decision of the patent management department or the effective judgment of the people's court.
If the dispute has not been resolved within one year from the date of the party's request to suspend the trial, the party shall apply for an extension of the suspension. If no extension is requested, the relevant procedures will resume on their own.
