What to do if you are dissatisfied with the determination of infringement by the patent management department

When the Patent management department handles the matter, it is determined that the infringement has been established. If the party concerned is dissatisfied, he or she may file a lawsuit with the People's Court in accordance with the Administrative Litigation Law of the People's Republic of China within 15 days from the date of receipt of the handling notice. Regarding the question of what to do if you are dissatisfied with the determination of infringement by the patent management department, the editor of Legal Savior Network will give you a detailed answer below.

1. What to do if you are dissatisfied with the patent management department’s determination that the infringement is established

1. When the patent management department handles the matter, it is determined that the infringement has been established. If the party concerned is dissatisfied, he or she may file a lawsuit in the People's Court 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.

2. Legal basis: "Patent Law of the People's Republic of China"

Sixty-fifth Article 13 If the patentee is exploited without the permission of the patentee, the patentee's patent rights are infringed, and disputes arise, the parties shall resolve them 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 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 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 to determine patent infringement

Patent infringement refers to the act of exploiting other people's patents for profit without the permission of the patentee and without legal basis during the validity period of the patent right. It has the following characteristics:

1. The object of infringement is a valid patent. Patent infringement must be based on the existence of a valid patent, the implementation of technology before the patent is granted, a patent that has been declared invalid or abandoned by the patentee or the patent right has expired.The technology is satisfactory and does not constitute infringement. The Patent Law stipulates a temporary protection system. After the invention patent application is published and before the patent right is granted, those who use the invention should pay appropriate royalties. For disputes arising from the use of an invention without payment of appropriate fees between the publication of the invention patent application and the grant of the patent right, the patentee shall, after the patent right is granted, request mediation from the patent administration department or directly file a lawsuit with the People's Court.

2. There must be an act of infringement, that is, the actor has objectively committed an act that infringes on the patent of others.

3. For the purpose of production and operation. Implementation for non-production and business purposes does not constitute infringement.

4. It violates the provisions of the law, that is, the actor's act of implementing the patent does not have the permission of the patentee and has no legal basis.

According to the provisions of the Patent Law, when the department managing patent work handles the matter and determines that the infringement has been established, and the party is dissatisfied, the party may file a lawsuit as of the date of receipt of the handling notice. File a lawsuit with the People's Court in accordance with the Administrative Litigation Law of the People's Republic of China within fifteen days. I hope the above content can be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior website to consult a professional lawyer.