When will the patent administration department issue a patent evaluation report?

According to the provisions of the "Patent Law Implementing Rules", the patent administration department of the State Council shall make a patent right evaluation report within 2 months after receiving the request for a patent right evaluation report. Any unit or individual may review or copy the patent evaluation report. Regarding the question of when the patent administration department will issue a patent evaluation report, the editor of Legal Savior Network will answer it in detail for you below.

1. When will the patent administration department make a patent evaluation report

1. The patent administration department of the State Council shall make a patent right evaluation report within 2 months after receiving the request for a patent right evaluation report. If multiple claimants request a patent right evaluation report for the same utility model or design patent right, the patent administration department under the State Council will only make one patent right evaluation report. Any unit or individual may review or copy the patent evaluation report.

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

Fifth Article 17 The patent administration department of the State Council shall make a patent right evaluation report within 2 months after receiving the request for a patent right evaluation report. If multiple claimants request a patent right evaluation report for the same utility model or design patent right, the patent administration department under the State Council will only make one patent right evaluation report. Any unit or individual may review or copy the patent evaluation report.

2. What is the role of the patent evaluation report

The patent right evaluation report is not an administrative decision, but a form of evidence or certification document. When the people's court or the department managing patent work hears and handles patent infringement disputes, The people's court or the patent management department can determine whether the relevant procedures need to be suspended based on this. Generally, when the above-mentioned "procedural suspension" matters are involved, a patent right evaluation report needs to be submitted.

The Patent Law stipulates that if a patent infringement dispute involves a utility model patent or a design patent, the people's court or the department managing patent affairs may require the patentee or interested parties to The person shall issue a patent right evaluation report issued by the State Intellectual Property Office.

State Intellectual Property OfficeAccording to the request of the patentee or interested party, conduct a patent search on relevant utility model patents or design patents, analyze and evaluate whether the patent complies with the authorization conditions stipulated in the Patent Law and its implementation rules, and make a patent right evaluation report .

Patent right evaluation report is evidence for the People's Court or the department that manages patent work to hear and handle patent infringement disputes. It is mainly used by the People's Court or the department that manages patent work. Determine whether related procedures need to be aborted. The patent right evaluation report is not an administrative decision, so the patentee or interested parties cannot initiate administrative reconsideration or administrative litigation in this regard.

According to the provisions of the "Patent Law Implementing Rules", the patent administration department of the State Council shall make a patent right evaluation report within 2 months after receiving the request for the patent right evaluation report. . Any unit or individual may review or copy the patent evaluation report. 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.