1. What are the objects not subject to patent rights?
1. Basis According to the provisions of the Patent Law, the objects not granted patent rights include scientific discoveries, rules and methods of intellectual activities, diagnosis and treatment methods of diseases, etc.
2. Legal basis: Article 25 of the "Patent Law of the People's Republic of China" stipulates that no patent rights will be granted for the following items:
(1) Scientific discovery;(2) Rules and methods of intellectual activities;
(3) Diagnosis and treatment methods of diseases;(4) Animal and plant varieties;
(5) Substances obtained by nuclear transformation method;
(6) Patterns of flat printed matter , color or a combination of the two to create a design that mainly functions as a logo.
Patent rights may be granted in accordance with the provisions of this Law for the production methods of the products listed in item (4) of the preceding paragraph.
2. How does the patentee protect the patent?
According to the current legal provisions of our country, there are three types of cases when a patent is infringed ( official) patent protection path to choose from. They are the patent administrative management (processing) channel, the patent civil litigation channel and the patent criminal litigation channel.
1. Ordinary patent infringement can be reported to the patent administration department (local knowledgeIntellectual Property Bureau) Reports will be handled through administrative channels. The patent administration department may make administrative penalty decisions based on the circumstances of the infringement and its duties, such as ordering the infringer to stop infringement, confiscating illegal gains, imposing fines, etc.
2. Patent civil litigation is generally a way to resolve patent compensation and stop infringement. The amount of compensation for infringement of patent rights is determined based on the actual losses suffered by the right holder due to the infringement;If the actual loss is difficult to determine, it can be determined based on the benefits obtained by the infringer due to the infringement. If the loss of the right holder or the benefit obtained by the infringer is difficult to determine, it shall be reasonably determined by reference to the multiple of the patent license fee. The amount of compensation should also include the reasonable expenses paid by the right owner to stop the infringement.
3. Patent criminal litigation is a rights protection approach for specific patent infringements.
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