Patent infringement disputes;
(2) Disputes arising from the use of the invention-creation fee from the date of publication of the application for a patent for invention or the application for a patent for utility model or design to the time of obtaining the patent right after the patent right is granted;
(three) the dispute between the inventor or designer and his unit about whether his invention belongs to the service invention;
(four) the dispute between the inventor or designer and his unit on whether to apply for a patent for his service invention-creation. Article 6 A request for mediation to the Municipal Patent Office shall meet the following conditions:
(a) the claimant must be a unit or individual that has a direct interest in the patent dispute or dispute;
(two) in accordance with the provisions of article fifth (a) and (two) of these measures, and the infringement occurred within the administrative area of this Municipality, and no prosecution was brought to the people's court;
(three) in accordance with the provisions of Item (three) and Item (four) of Article 5 of these Measures, and the unit where the inventor or designer works is within the administrative area of this Municipality, and it has not been handled by the superior competent department;
(4) The patent infringement dispute has not exceeded two years since the patentee or interested party knew or should have known that it was infringed. Article 7 To request mediation of patent disputes or disputes, an application and a patent certificate shall be submitted, and a copy of the application shall be submitted according to the number of respondents.
The application shall contain the following contents:
(a) the name and address of the claimant and the name and position of the representative;
(2) The name and address of the requested person and the name and position of the representative;
(three) the request for mediation, facts and reasons;
(4) The names and addresses of relevant evidence and witnesses. Article 8 After receiving the application, if it meets the acceptance conditions after examination, the Municipal Patent Office shall file a case for acceptance within ten days and notify the claimant to pay the mediation fee in advance; Do not meet the acceptance conditions, it shall notify the applicant within ten days not to accept, and explain the reasons. Article 9 After accepting a case, the Municipal Patent Office shall deliver a copy of the application to the respondent within five days. After receiving a copy of the application, the respondent shall submit the defense and relevant evidence within ten days. If the respondent fails to submit the defense on time or fails to submit the defense, it will not affect the handling of the Municipal Patent Office. Tenth mediation work by the mediation team designated by the Municipal Patent Office. Eleventh principles and procedures of mediation shall be implemented in accordance with the provisions of these measures, and shall be handled with reference to the relevant provisions of the Civil Procedure Law of People's Republic of China (PRC) (Trial), such as withdrawal, evidence collection and trial by default. Article 12 To reach an agreement through mediation, both parties must be voluntary, and no coercion is allowed.
The contents of the agreement shall not violate laws and regulations, and shall not harm public interests and the legitimate rights and interests of others. Article 13 If an agreement is reached through mediation, a conciliation statement shall be made.
The conciliation statement shall contain the following contents:
(a) The names and addresses of both parties, as well as the names and positions of representatives and agents;
(2) The facts ascertained and the responsibilities identified;
(3) the contents of the agreement;
(four) the burden of mediation fees.
An agreement that does not require a conciliation statement shall be recorded in the record. Mediation and mediation records shall be signed by the parties and the undertaker, and stamped with the seal of the Municipal Patent Office. Article 14 After reaching an agreement through mediation, the parties must perform it. Fifteenth mediation fails to reach an agreement, the Municipal Patent Office has the right to order the infringer to stop the infringement, compensate for the losses, and make a decision according to law.
The disposal decision shall contain the following contents:
(a) the names and addresses of the applicant and the respondent, as well as the names and positions of the representatives and agents;
(two) the purpose of the request and the facts and reasons identified;
(3) Handling decisions;
(four) the burden of mediation fees.
The written decision shall be signed by the undertaker and sealed by the Municipal Patent Office. Article 16 If a party refuses to accept the decision of the Municipal Patent Office, it may bring a lawsuit to the people's court according to law. Chapter III Mediation Fees Article 17 The Municipal Patent Office shall collect mediation fees for mediating patent disputes or disputes. The charging standard is:
(1) If there is no dispute about compensation for losses, each piece 10 yuan;
(two) the dispute of compensation for losses shall be charged according to the subject amount of the disputed property. One thousand yuan (including one thousand yuan), twenty yuan; More than one thousand yuan, more than one thousand yuan to fifty thousand yuan, according to 0.6% charge; The part exceeding 50,000 yuan to 500,000 yuan is charged at 0.36%; The part exceeding 500,000 yuan will be charged at 0. 15%.