What is the patent dispute resolution process
Submit a request
1. When the patentee or interested party (requester) files a request for administrative processing, he or she shall submit one original copy of the request and a corresponding number of copies based on the number of persons being requested;
2. If the parties (including the petitioner and the respondent) are natural persons, the name, gender, age, place of origin, address, postal code, contact number and other matters of the parties should be stated;
3. The content of the request should be stated in the text, and the type of alleged infringement or the name and model of the alleged infringing product should be specified;
4. The facts and reasons for the request should be stated, and a list of evidence materials should be attached;
5. The main text should state what constitutes infringement. For analysis and comparison, you can also attach "Infringement Analysis and Comparison" to a separate page (see analysis and comparison examples);
6. The request must be submitted by the patentee or interested party Signed or stamped with official seal.
Submit the certificate of rights
1. A copy of the patent certificate and a copy of the recent "Copy of Patent Register" 2. A copy of the patent announcement made by the China Patent Office; involving utility model patents or For design patents, a patent right evaluation report made by the patent administration department of the State Council after retrieval, analysis and evaluation of relevant utility models or designs shall be issued;
3 When an interested party makes a request, he or she shall submit a patent license contract or other materials proving the identity of the right holder.
Intellectual Property Office Review
p>If the request meets the conditions, the case will be filed and the requester will be notified within 5 working days from the date of receipt of the request. If the application does not meet the conditions, the applicant will be notified at one time of the content or evidence materials that need to be supplemented or corrected; if the application still does not meet the conditions after correction, the applicant will be informed of the inadmissibility and the reasons will be given.
The petitioner pays the fee
The petitioner shall press the fee within 3 days from the date of receipt of the notification of filing the case. It stipulates that an acceptance fee must be paid, and a security deposit must be paid at the same time if the request for sealing or temporary detention is approved. If the petitioner fails to pay the fees as required, the case will be dismissed.
Brief process of case handling
Case filing - designated personnel - document delivery, on-site investigation Inspection--trial based on the needs of the case--supplementary investigation and evidence collection--collegial panel review--mediation or handling decision--delivery of handling documents--execution--closure of the case.
Once a patent is infringed, the parties need to defend their rights, and they must follow the procedures prescribed by law to defend their patent rights. Or apply for processing of patent infringement, but you also need to submit relevant supporting documents and pay a certain application fee. If you want to know more about other related issues, you are welcome to go to the Legal Savior Network for legal consultation.