How to Deal with Patent Litigation Service Contract Fraud

Legal analysis: After being cheated, the patentee can take two ways to protect his rights, one is to contact the local intellectual property office and other administrative departments, and the other is to report the case to the local case-handling department. Many patentees will first turn to the local intellectual property office after discovering that they have been cheated. After receiving reports and complaints, local intellectual property offices will actively accept them. On the one hand, they investigate and handle cases, and at the same time coordinate relevant law enforcement departments to hand over major cases to public security departments.

Legal basis: Articles 24 and 60 of the Decision of NPC Standing Committee on Amending the Patent Law of People's Republic of China (PRC) are changed to Article 57, which is amended as: "If a patent is exploited without the permission of the patentee, that is, the patent right is infringed, and disputes are caused, the parties concerned shall settle them through consultation; Unwilling to negotiate or failing to do so, the patentee or interested party may bring a suit in a people's court or request the administrative department for patent affairs to handle it. When the administrative department for patent affairs finds that the infringement is established, it may order the infringer to stop the infringement immediately. If a party refuses to accept the decision, he may bring a lawsuit to the people's court in accordance with the Administrative Procedure Law of the People's Republic of China within 15 days from the date of receiving the notice of handling. If the infringer fails to prosecute and stop the infringement upon expiration of the time limit, the administrative department for patent affairs may apply to the people's court for compulsory execution. At the request of the parties concerned, the administrative department for patent affairs may mediate the amount of compensation for patent infringement; If mediation fails, the parties may bring a lawsuit to the people's court in accordance with the Civil Procedure Law of People's Republic of China (PRC). " Where a patent infringement dispute involves an invention patent of a new product manufacturing method, the unit or individual that manufactures the same product shall provide proof that its product manufacturing method is different from the patented method; Where a patent for utility model is involved, the people's court or the administrative department for patent affairs may require the patentee to issue a search report made by the patent administrative department of the State Council. "