How long will the Jiaxing patent evaluation report come out?
According to Article 57 of the Detailed Rules for the Implementation of the Patent Law of People's Republic of China (PRC) (revised 20 10), the patent administrative department of the State Council shall make a patent evaluation report within 2 months after receiving the request for patent evaluation report. For the same utility model or design patent right, if multiple obligees request to make a patent evaluation report, the patent administrative department of the State Council will only make a patent evaluation report. Any unit or individual may consult or copy the patent evaluation report.
The usefulness of Jiaxing patent evaluation report
Because utility model patents and design patents only pass the preliminary examination and authorization without substantive examination, their legal stability is relatively low, and the possibility of being declared invalid is relatively high. If the patentee arbitrarily accuses others of patent infringement, it may be counterproductive because the patent is declared invalid, which will not only hit the competitors, but also consume a lot of money and time. Therefore, the patentee can ask China National Intellectual Property Administration to make a patent evaluation report before accusing others of infringing his patent, so as to make a correct judgment and be in an invincible position.
In a dispute case accepted by the people's court, if the defendant requests to declare the patent right of utility model or design invalid within the defense period, the people's court shall suspend the lawsuit. However, if the search report or patent evaluation report issued by the plaintiff fails to find out the reasons for the invalidation of utility model or design, the people's court shall not suspend the lawsuit.
Frequently asked questions: What qualifications do you need for patent evaluation?
In addition, when a patent lawsuit is filed against a patent for utility model or design, the people's court may require the plaintiff to submit a search report or a patent evaluation report according to the needs of the trial. If the plaintiff fails to submit it within the time limit without justifiable reasons, the people's court may rule to suspend the lawsuit or order the plaintiff to bear the possible adverse consequences.
The above is about "How soon can Jiaxing patent evaluation report come out?" Regarding the relevant answer to this question, if you have any other questions, please feel free to consult our professional consultants in intellectual property.