1. Procedure
1. Client Explain the cause of action, reasons for invalidation and factual basis, and determine the purpose of the request for invalidation.
2. Sign an invalidation agency contract and agency.
3. The client shall submit proof of identity, including a copy of the business license and proof of identity of the legal representative.
4. The client shall pay relevant fees according to the contract.
5. Request the client to provide in writing relevant search information involving prior rights related to the invalid patent, or provide the same technical field, similar technical field, or related technical field Relevant technical information; and require the client to provide relevant search information. The information provided by the client must be the original and a copy. If only a copy is provided, the source, printing and publication time of the copy, as well as the cover, second cover, third cover or back cover, title page, etc. of the copy should be provided in writing. If it involves the invalidation of a design patent, it is also necessary to provide various materials, picture albums and other materials that are the same as or similar to the patent, and the agent collects relevant evidence, including prior public documents, technical materials, invoices, contracts, and products used in prior manufacturing and sales. Physical objects and other relevant supporting materials, as well as other notarized supporting materials of prior public acts.
6. Research the evidence materials to determine the most effective invalidation request plan and whether relevant notarization or appraisal of important evidence is required; write a request for invalidation and submit it to the The Patent Reexamination Board filed a request for invalidation.
7. For settlement in the invalidation procedure, propose a settlement plan and conditions based on the client's opinions, and write and sign a settlement agreement.
8. Study the patentee’s statement of opinion and make a timely reply. If a patent involving a high or new technology is invalid, the client should assign professional and technical personnel who are familiar with the technology to cooperate and guide the technical analysis, write invalidation requests, and participate in oral hearings and other processes.
9. When patent invalidity involves infringement disputes, assist the client with the following work:
1) Assistance The client obtains the patent reply within the defense period (within 15 days)The invalidation hearing notice of the Patent Reexamination Committee;
2) After the Patent Reexamination Committee accepts the case, submit a request to the People's Court to suspend the trial of the patent infringement dispute;
3) After the Patent Reexamination Board makes an invalidation decision, forward the relevant invalidation decision letter to the People's Court.2. List of materials submitted by the client
1. Client Personal identity certificate or business license and legal person certificate.
2. Patent certificate and authorized patent announcement document of the patentee.
3. Previously published patent documents, previously published scientific and technological documents, publicly known technologies and other technical materials related to the invalid patent.
4. When patent invalidity involves infringement disputes, the client should also provide the following information:
1 ) The client’s actual product, photos, product manuals and other materials.
2) All documents including the request for litigation served by the People’s Court.
3) Description of the production and operation status, technology source, time, and preparation for production of the client's alleged infringing product.
The minimum standard for agency fees charged by an invalid fee standard is 5,000 yuan, which can be negotiated based on the difficulty of the case. Invalidation request fees, patent search fees, evidence collection fees, and travel expenses are paid in advance and are collected based on the actual amount incurred.
No comments yet. Say something...