What are the types of patent infringement disputes and how to resolve them
1. Implementing the patent without the permission of the patentee Infringement
The "implementation" mentioned here has different meanings for patents of different natures. Generally speaking, illegal implementation of other people's patents is relatively hidden, and sometimes it is Rebranding, making non-substantive changes to the original patent, looks different, but actually has no new content; sometimes it is only a partial infringement, and the infringer's product may be more technologically advanced and more effective than the original patent, but it does use someone else's patent, regardless of the use Regardless of the extent, it constitutes infringement. For infringements, the patentee or interested parties may request the patent management department to handle the matter, or they may directly file a lawsuit in the People's Court. The statute of limitations for litigation is 2 years, starting from the date when the patentee or interested party learns or should have learned of the infringement.
2. The infringement of counterfeiting other people’s patents
Counterfeiting other people’s patents refers to the use of non-patented technology products Indicate the patentee's patent mark and patent number on the product or in advertisements, causing the public to mistakenly think that the product is someone else's patented product. The counterfeited patent is an objectively valid patent, so this kind of behavior directly harms the interests of the patentee, deceives consumers, and disrupts the order of patent management. It is more serious than the first type of patent infringement.
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:
Handling methods:
1. You can request the patent management department to handle it.
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. Execute;
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.
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