What patent disputes can the patent management agency handle?

Patent management agencies are administrative departments established by various ministries and commissions of the State Council and local people's governments in their own departments and regions to manage patent work in accordance with the provisions of China's Patent Law. So what patent disputes can the patent management agency handle? Below, in order to help everyone better understand the relevant legal knowledge, the editor of Legal Savior Network has compiled relevant content. I hope it will be helpful to you.

What patent disputes can the patent management agency handle

According to the provisions of the Patent Law and the Implementing Rules, the patent disputes that the patent management agency can handle include:

1. Patent infringement disputes;

2. Disputes related to expenses for others to implement the invention after the invention patent application is published but before the patent right is granted;

3. Disputes over patent application rights and ownership of patent rights;

4. Disputes regarding rewards and remuneration for service inventors.

If the parties concerned are dissatisfied with the decision made by the patent administration authority on the above disputes, they may file a lawsuit with the Intermediate People's Court where the patent administration authority is located. When the court has no jurisdiction over a patent case, the parties may file a lawsuit with the Intermediate People's Court where the people's government of the province, autonomous region or municipality directly under the Central Government is located.

If both parties fail to file a lawsuit with the People's Court within the prescribed time limit, the decision of the patent management authority will become legally effective. The patent management authority will make a decision on the infringement. If the party concerned fails to file a lawsuit upon expiration of the decision and fails to perform the decision, the patent management agency may request the People's Court to enforce the decision.

The above is the relevant content summarized by the editor. If you have relevant legal consultation or other matters that you don’t understand, you can call the online lawyers on the Legal Savior Network for answers. The professional knowledge of lawyers can help to you.