1. What are the solutions to patent contract disputes
1. Patent contract dispute cases have the following solutions: negotiation, complaint, prosecution, etc. According to relevant legal provisions, disputes arising from patents 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 file a lawsuit in the People's Court or request the patent administration department to handle the matter.
2. Legal basis: Article 65 of the "Patent Law of the People's Republic of China". Implementing the patent without the permission of the patentee will infringe the patent. If a dispute arises over the rights, the parties shall resolve it through negotiation; if they are unwilling to negotiate or the negotiation fails, the patentee or interested party may file a lawsuit in the People's Court or request the patent management department to handle the matter. 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.
2. What are the specific methods to resolve contract disputes?
1. There are methods to resolve contract disputes. The parties can based on The arbitration agreement shall be applied to an arbitration institution for arbitration; or a lawsuit shall be filed with the People's Court in accordance with the law, and the People's Court shall mediate. If mediation fails, a judgment shall be made in accordance with the law; or the parties may reach a settlement and invite a third party to mediate.
2. When hearing civil cases, the People's Court shall distinguish right from wrong and conduct mediation based on the principle of voluntariness of the parties and on the basis of clear facts.
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