What are the relevant contents of patent administrative litigation
The scope of patent administrative cases. Patent administrative cases refer to cases where the parties are dissatisfied with the patent. Dispute cases involving specific administrative actions taken by the competent authority, with the patent authority as the defendant brought to the People's Court to request the revocation or modification of the administrative decision.
The Patent Administration Department of the State Council is responsible for managing patent work nationwide ; Uniformly accept and examine patent applications, and grant patent rights in accordance with the law. At present, the national authority in charge of patents in my country is the Patent Office of the State Intellectual Property Office (referred to as the China Patent Office). The main tasks of the Patent Office of the State Intellectual Property Office are to accept and examine patent applications and grant patent rights to inventions and creations that meet the conditions stipulated in the Patent Law.
The Patent Administration Department of the State Council has established a Patent Reexamination Committee. In my country, it is the Patent Reexamination Committee of the Patent Office of the State Intellectual Property Office (referred to as the Patent Reexamination Committee). The main tasks of the Patent Reexamination Board are to examine requests for reexamination made by patent applicants who are dissatisfied with the decision of the Patent Administration Department of the State Council to reject the application, and requests for invalidation of inventions and creations for which patent rights are granted, and to make reexamination decisions and invalidation declarations respectively. Request a review decision. Article 3, paragraph 2, of the Patent Law stipulates that the patent management departments of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government are responsible for patent management within their own administrative regions, and mayUpon the application of the litigant, the infringer shall be ordered to immediately stop the infringement, and a penalty decision shall be made for counterfeiting other people's patents and passing off patents. According to the above-mentioned legal provisions, the administrative decisions made by the China Patent Office, the Patent Reexamination Board and local patent management departments in accordance with the law mainly exercise management functions on behalf of the national and local governments. When the administrative decisions are not satisfied with the administrative decisions, they may Causing disputes with managers. Patent dispute cases in which the parties are dissatisfied with the administrative decisions made by the China Patent Office, the Patent Reexamination Board and local patent management departments, and sue to the People's Court to request the revocation or change of the administrative decision, we collectively call them patent administrative dispute cases.
The patent lawsuits that can be filed are mainly divided into the following types:
1. The invention patent applicant is dissatisfied with the decision of the Patent Reexamination Board to reject the reexamination request;
2. Dissatisfied with the decision of the Patent Reexamination Board to declare the invention patent right invalid or to maintain the invention patent right;
3. The patentee’s decision on the patent office’s decision on the implementation of compulsory license or the ruling on the royalties for implementation of compulsory license Dissatisfied;
4. To those without patent rights person’s permission to carry out infringement of its patent;
5. Infringement of counterfeiting other people’s patents. To hear relevant litigation cases dissatisfied with decisions of the patent authority, the judicialThe organs are limited to the Beijing Intermediate and Higher People's Courts.
The Intermediate People's Court is the court of first instance, and the Superior People's Court is the court of first instance. The People's Court is the court of second instance. The judicial organs that hear other patent dispute litigation cases are the intermediate and higher people's courts of provinces, autonomous regions, municipalities directly under the Central Government and special economic zones. The Intermediate People's Court is the court of first instance, and the Higher People's Court is the court of second instance. The trial of patent litigation is highly professional, and the role of relevant experts should be fully utilized during the trial. They can be invited to serve as jurors and participate in the trial.
Article 60 of the Patent Law If the patentee has permission to exploit the patent, that is to say, the patent rights are infringed upon, and disputes arise, they shall be resolved through negotiation between the parties; if the parties are unwilling to negotiate or the negotiation fails, the patentee or interested party may sue the People's Court or request management of the patent. The work is handled by the department. 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.
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