What is the deadline for handling patent infringement disputes in 2023?

The time limit for handling patent infringement disputes is as follows: If the patentee or interested party requests the patent management department to handle the patent dispute, the patent management department shall file the case and notify the request within 5 working days from the date of receipt of the request. person, and at the same time designate a person to handle the patent infringement dispute. Regarding the issue of how the time limit for handling patent infringement disputes is stipulated, the editor of Legal Savior Network will give you a detailed answer below.

1. What is the time limit for handling patent infringement disputes?

1. The time limit for handling patent infringement disputes is as follows: If the patentee or interested party requests the patent management department to handle the patent dispute, the patent management department shall file the case and notify the request within 5 working days from the date of receipt of the request. person, and at the same time designate a person to handle the patent infringement dispute.

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 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 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. How long is the validity period of the patent?

1. The term of the invention patent right is twenty years.

2. The term of utility model patent is ten years.

3. Duration of design patent rightsIt is fifteen years, calculated from the date of application.

3. What materials are needed for patent application

Application Things required for a patent include: a request, the name of the invention or utility model, a list of persons and institutions related to the invention and patent application, application documents and additional documents. The main content of the description shall include: the technical field to which it belongs, useful background technology, the purpose of the invention or utility model, the content of the invention, the advantages and positive effects of the invention. The claims are used to determine the scope of the patent claimed by the applicant. Abstract: Documents, pictures or photos that should be submitted when applying for a design patent. I hope the above content will be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior Network to consult a professional lawyer.