What is the content of the patent suspension procedure
To request the Patent Office to suspend relevant procedures, the party to the dispute shall make a written request, clearly stating When requesting the suspension of a patent application or patent procedure, a notice of acceptance or other supporting documents from the patent administration authority or the people's court accepting the dispute over the right should be attached. If the patent office approves the suspension after review, both parties will be notified and the suspension procedure will be implemented.
After suspending the execution of the procedure, the Patent Office will take the following steps Practice:
(1) Stop processing withdrawal of patent applications, Procedures that directly involve the loss or transfer of rights, such as giving up patent rights, transferring application rights or patent rights, changing applicants or patentees, etc.;
(2) Stop the issuance of judicial withdrawal, termination of patent rights, grant of patent rights and deemed waiver of the right to obtain patent rights, etc. and enforcement mediation conclusions or judgments Directly related notices or decisions;
(3) Stop grant patent rights, issueIssuing patent certificate and authorization announcement procedures;
(4) Suspend review, review, revocation or invalidation proceedings when necessary.
After the rights dispute is over, the Patent Office will Or the People's Court's legally effective decision or judgment revokes the suspension of the procedure and continues the original procedure.
Under what circumstances are patent litigation proceedings suspended
In a case of dispute over infringement of utility model or design patent rights accepted by the People's Court, if the defendant requests to declare the patent right invalid during the defense period, the People's Court shall suspend the litigation. However, the proceedings may not be suspended under the following circumstances:
1. The search report made by the State Intellectual Property Office at the request of the plaintiff shows that no prior art documents were found that would cause the utility model patent to lose novelty and creativity;
2. The evidence provided by the defendant is sufficient to prove that the technology used is already known;
3. The evidence or reasons provided by the defendant for requesting an invalidation of the patent right are obviously insufficient;
4. In patent infringement cases involving invention patents, even if the defendant If you request the Patent Reexamination Board to declare the exclusive right invalid during the defense period, the court may not suspend the proceedings.
If the court decides to suspend the proceedings, it can Request and, if the plaintiff provides a guarantee, order the defendant to stop the relevant behavior or take other measures to prevent the damage from continuing to expand.
The outcome of the dispute, the applicant or patentee has changed , the formalities for changing the bibliographic items must be handled. If the party concerned fails to handle the changing procedures upon expiration of the time limit, it shall be deemed to have given up the right to apply for a patent or the patent right.
When disputes arising from patents occur, we must promptly resolve them Only by applying for a patent suspension can you protect your patent. We also remind everyone not to abuse other people’s patents. If you have other related questions you would like to know, please feel free to consult the free legal consultation of Legal Savior Network, which can help you answer your doubts.