Whether it is dealing with patent infringement disputes or supporting patent promotion, the patent right evaluation report plays a very important role, as follows:
1. The patent right evaluation report is the basis of the People’s Court Or the basis for the patent management department to judge whether to suspend the trial or processing procedures.
2. The patent right evaluation report is the basis for the People's Court or the patent management department to judge whether there is infringement when hearing and handling patent infringement disputes.
According to Paragraph 2 of Article 61 of the Patent Law, 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 relevant party shall issue a patent right evaluation report made by the patent administration department of the State Council after retrieval, analysis and evaluation of relevant utility models or designs, as evidence for the trial and handling of patent infringement disputes.
3. The patent right evaluation report is the basis for the patentee to prove the "gold content" of the patent in the patent promotion.
Since they can be authorized without substantive examination, utility model and appearance patents are often considered to be unstable and low in “gold content”. And if you obtain a positive patent right evaluation report issued by the Patent Office, it is equivalent to the patent having received another authoritative recognition from the National Patent Office, and the stability and gold content of the patent will be further recognized.
4. The patent right evaluation report is a necessary preparation for the right holder to deal with patent infringement.