1. What is the dispute over patent ownership?
1. Patent ownership Disputes are usually civil disputes. The resolution of patent ownership disputes is: Administrative method. The patent administration department can mediate "patent ownership disputes" at the request of the parties; Judicial method. Patent ownership dispute cases are accepted by the People's Court. Scope of patent dispute cases.
2. The legal basis is Article 60 of the Patent Law of the People's Republic of China. If you exploit the patent without the permission of the patentee, you will infringe the patent right. If a dispute arises, it shall be resolved by the parties through negotiation; 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. 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 do so within fifteen days from the date of receipt of the handling notice.
2. How many years is the patent right valid for?
1. The legal protection of Patent rights is time-sensitive. my country’s inventions The term of patent rights is twenty years, and the term of utility model patent rights and design patent rights is ten years, both calculated from the date of application.
2. Inventions and creations as mentioned in this Law refer to inventions, utility models and designs; inventions refer to products, methods or their improvements. New technical solutions; utility models refer to new technical solutions proposed for the shape, structure or combination of products that are suitable for practical use; design refers to the overall or partial shape, pattern or combination of products and The combination of color, shape, and pattern creates a new design that is both aesthetically pleasing and suitable for industrial applications.
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