What is the procedure of invalid patent agency contract?
What is the procedure of invalid patent agency contract? Patent belongs to a product with dual effects of knowledge and labor. China actively protects and improves the legal norms of this product with independent intellectual property rights. However, for patents that are maliciously imitated or copied, the parties concerned have the right to take corresponding patent invalidation proceedings. What is the procedure for handling the agency contract for patent invalidation? Patent invalidation agency contract patent handling procedures: 1. The client explains the cause of action, the reasons for invalidation and the factual basis, and determines the purpose of the request for invalidation. 2. The agency contract and agency are invalid. 3. The client shall submit the identity certificate, including the copy of the business license of the enterprise and the identity certificate of the legal representative. 4. The client shall pay the relevant expenses according to the contract. 5. Require the client to provide relevant retrieval materials related to the prior right of invalid patent in writing, or provide relevant technical materials in the same technical field, similar technical field or related technical field; And ask the parties to provide relevant retrieval materials. 6, study the evidence materials, determine the most effective scheme for the request for invalidation, whether it is necessary to notarize or identify the important evidence; Write a request for invalidation and submit it to the Patent Reexamination Board. 7. For the settlement in the invalid procedure, put forward the settlement plan and conditions according to the opinions of the client, and write and sign the settlement agreement. 8, study the patentee's opinion statement, timely reply. If the patent involving high and new technology is invalid, the client shall assign professional and technical personnel familiar with the technology to cooperate and guide the technical analysis, write the invalidation request and participate in the oral hearing. 9. When patent invalidation involves infringement disputes, assist the client to do the following work: ① assist the client to obtain the notice of invalidation hearing of the Patent Reexamination Board within the defense period (15 days); (2) After accepting the case, the Patent Reexamination Board requests the people's court to suspend the trial of patent infringement disputes; (3) After the Patent Reexamination Board makes an invalid decision, it shall forward the relevant invalid decision to the people's court.