Patent ownership dispute case refers to the ownership dispute between citizens, legal persons and citizens and legal persons about who should be the real patentee after the invention is granted a patent right, and the people's court shall accept it according to law; The intermediate people's courts where the people's governments of provinces, autonomous regions and municipalities directly under the Central Government are located, the intermediate people's courts of special economic zones, the intermediate people's courts of special economic zones and the intermediate people's courts of open cities approved by the Supreme People's Court are the courts of first instance, and the higher people's courts of provinces, autonomous regions and municipalities directly under the Central Government are the courts of second instance.
If the people's court decides to change the patent ownership after hearing the dispute over patent ownership, it shall send a copy of the judgment to the Chinese Patent Office; With the effective judgment of the people's court, the parties concerned applied to the Chinese Patent Office to change the description items. Two, about the invention patent from the date of application to the date of publication whether to give patent protection.
During the period from the date of application for a patent for invention to the date of publication, the patent law does not provide protection for the technology for which the patent is applied. During this period, if another person implements or transfers an independently developed invention that is the same as the technology for which the patent is applied, it will not bear tort liability; However, if you continue to use the technology after the publication of the patent application, you should pay an appropriate fee according to the provisions of the patent law. Three, about the patent infringement litigation because of the infringer's request to declare the patent invalid and suspend the trial.
In the trial of patent infringement cases, it often happens that the infringer deliberately delays the litigation order and continues to carry out the infringement on the grounds of requesting the invalidation of the patent right. In order to effectively protect the legitimate rights and interests of the patentee according to law and avoid the expansion of infringement damage, the following provisions are made:
(1) After accepting a case of infringement of a patent for utility model or design, the people's court shall, when serving a copy of the complaint on the defendant, inform the defendant that if he requests to declare the patent right invalid, he shall submit it to the Patent Reexamination Board within the period of defense.
If the defendant requests to declare the patent invalid within the defense period, the people's court shall suspend the proceedings. Where the patentee applies for property preservation and provides a guarantee, the people's court shall, when it deems it necessary, order the defendant to stop the infringing act or take other measures to stop the expansion of the infringing damage.
If the defendant did not request the invalidation of the patent right during the defense period, but made a request for invalidation in the subsequent trial, the people's court may not suspend the lawsuit.
(2) The people's court shall not suspend the proceedings if the defendant requests to declare the patent invalid during the period of defense in the case of infringement of the invention patent accepted by the people's court or the case of infringement of the utility model patent that has been examined and maintained by the Patent Reexamination Board. Four, on the issue of patent infringement damages.
The principle of fairness should be implemented in the compensation for patent infringement damages, so that the actual losses suffered by the patentee due to infringement can be reasonably compensated.
The amount of damages for patent infringement can be calculated according to the following methods:
(1) The amount of damages shall be the actual economic losses suffered by the patentee due to the infringement.
The calculation method is: because the infringing products of the infringer (including products produced by other people's patented methods) are sold in the market, the sales volume of the patented products of the patentee is reduced, and the product of the total sales volume reduction multiplied by the profit of each patented product is the actual economic loss of the patentee.
(2) Take all the profits obtained by the infringer due to infringement as the amount of compensation for losses.
The calculation method is: the product of the profit obtained by the infringer from each infringing product (including products produced by others' patented methods) multiplied by the total amount sold in the market is the total profit obtained by the infringer.
(3) Take a reasonable amount not less than the patent license fee as the amount of compensation for losses.
For the above three calculation methods, the people's court may choose to apply them according to the different circumstances of the case.
If both parties agree to use other calculation methods to calculate the compensation for losses, the people's court may allow it as long as it is fair and reasonable. Five, about the mediation fails, the parties to the people's court, the people's court whether to accept the case. The intransitive verb is about where and at which level to file a lawsuit against the decision of the patent administration organ.
According to the Supreme People's Court's "Provisions on Jurisdiction of Patent Cases", if the intermediate people's court where the patent administrative organ made the decision has jurisdiction over the patent case, if the party refuses to accept it, it may bring a lawsuit to the intermediate people's court where the patent administrative organ is located; The intermediate people's court where the patent administrative organ is located has no jurisdiction over patent cases, and if the party concerned refuses to accept it, he may bring a lawsuit to the intermediate people's court where the patent administrative organ of the people's government of a province, autonomous region or municipality directly under the Central Government is located. The relevant people's court shall accept it as an administrative case. Seven, about the patent dispute cases reached a mediation agreement by the patent administration organ, if one party goes back on his word, can he bring a lawsuit to the people's court?
In a patent dispute case, a mediation agreement has been reached through mediation by the patent administration organ, and if one party repents before or after the mediation document is served, the people's court shall accept it.
Application for compulsory enforcement of decisions by patent administration authorities
According to Article 66 of the Administrative Procedure Law and Article 60 of the Patent Law, if a party neither brings a lawsuit nor complies with the decision, the patent administration organ may request the intermediate people's court where the person subjected to execution is located or where the property of the person subjected to execution is located, which has jurisdiction over the patent case.