Decision of the Standing Committee of Liaoning Provincial People's Congress on Amending the Regulations of Liaoning Province on Patent Protection (2002)

1. Paragraph 1 of Article 3 is amended as: "The departments for patent administration under the people's governments of provinces, cities and counties (including county-level cities and districts, the same below) (hereinafter referred to as patent administration departments) shall be responsible for patent administration within their respective administrative areas, implement patent protection according to law, handle patent disputes and investigate and deal with patent counterfeiting." Two, twelfth in the "patent management institutions to deal with patent disputes" is amended as "patent management institutions to deal with and mediate patent disputes". 3. One paragraph is added to Article 13 as the first paragraph: "Where a party requests to handle or mediate a patent dispute, it shall be under the jurisdiction of the patent administration department where the respondent is located or where the infringement is committed. Investigating and dealing with counterfeiting other people's patents and impersonating patents shall be under the jurisdiction of the patent administration department where the act occurred. "

The second paragraph is changed to the third paragraph and amended as: "Patent cases in cities without patent administrative departments shall be under the jurisdiction of their superior patent administrative departments." Article 17 is amended as: "The patent administrative department may, at the request of the parties concerned, mediate the patent dispute stipulated in Article 79 of the Detailed Rules for the Implementation of the Patent Law of People's Republic of China (PRC)." One article is added as Article 18: "The mediation of patent disputes shall be conducted on a voluntary basis. If either party is unwilling to mediate, the patent administration department will not mediate.

If an agreement is reached through mediation, the patent administration department shall make a mediation document; If the mediation fails to reach an agreement, the patent administration department shall close the case by withdrawing the lawsuit. One article is added as Article 19: "Where a dispute over the right to apply for a patent or the ownership of a patent requests mediation, the parties concerned may, on the basis of the notification of acceptance by the patent administration department, request the patent administration department of the State Council to suspend the examination procedure of the patent application or the relevant procedures for the invalidation of the patent right.

If an agreement is reached through mediation, the parties concerned shall go through the formalities of restoring the relevant procedures and changing the recorded items at the patent administration department in the State Council with the mediation document. Seven, eighteenth as twentieth, the first paragraph of the "must" to "should". Article 21 is amended as: "After the patent administrative department files a case, if the respondent requests the Patent Reexamination Board established by the patent administrative department in the State Council to declare the patent invalid, it shall 10 days from the date of receiving the acceptance notice of the Patent Reexamination Board established by the patent administrative department in the State Council ..." Article 24 is amended as Article 26: "If the patent administrative department determines that the infringement is established, it shall make a decision and handle it within 6 months from the date of filing the case. Ten, delete twenty-fifth. 1 1. One article is added as Article 27: "When a party requests the patent administrative department to handle a patent infringement dispute, or after the patent administrative department finds that the infringement is established, it may request mediation on the amount of compensation for patent infringement." Twelve, delete the provisions of article twenty-ninth, "the patent administrative department shall order the units and individuals that commit patent infringement to compensate for the losses". Thirteen, thirty-fourth as thirty-sixth, delete the first and third paragraphs. 14. Article 36 is amended as Article 38: "If a party refuses to accept the decision made by the patent administration department on the handling of patent infringement disputes, he may bring a suit in a people's court within five days from the date of receiving the decision; If it fails to prosecute and stop the infringement within the time limit, the patent administration department may apply to the people's court for compulsory execution. 15. Article 37 is changed to Article 39 and amended as: "If a party refuses to accept the punishment decision made by the patent administration department, he may, within 60 days from the date of receiving the punishment decision, apply for administrative reconsideration or bring a lawsuit to the people's court according to law; If it fails to apply for reconsideration, bring a lawsuit or perform the punishment decision within the time limit, the patent administration department may apply to the people's court for compulsory execution. "Sixteen, the first paragraph of Article 3, the first paragraph of Article 4, the second paragraph of Article 6, Article 12, Article 28, Article 29, Article 33, the second paragraph of" passing off a patent "is amended as" passing off another person's patent, passing off a patent. "Seventeen, fourth, eighteenth and nineteenth in the" patent dispute "to" patent infringement dispute ".

In addition, the order of articles shall be adjusted accordingly according to this decision.

This decision shall come into force as of the date of promulgation.

The Regulations on Patent Protection in Liaoning Province shall be revised and re-promulgated according to this decision.