What regulations are involved in utility model patent cases
"Patent Law"
Article 59 The scope of protection of invention or utility model patent rights shall be based on the content of the claims. The description and drawings may used to interpret the content of claims.
The scope of protection of design patent rights is based on the design of the product shown in the picture or photo. A brief description can be used to explain what the picture or photo means. Indicates the appearance design of the product.
Article 60 Without the permission of the patentee , exploiting its patent, that is, infringing its patent rights and causing disputes, shall be resolved through negotiation by the parties; if they are unwilling to negotiate or the negotiation cannot be reached, the patentee or interested party may file a lawsuit in the People's Court or request the patent management department to handle it. . 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 administrative 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.
The above content is compiled by the editor of Legal Savior Network. I hope it can help everyone.
