References:
patent law of the people's republic of china
Article 56 A unit or individual that has obtained a compulsory license for exploitation shall not enjoy the exclusive right to exploit it, nor shall it have the right to allow others to exploit it.
Article 61 Where a patent infringement dispute involves an invention patent of a new product manufacturing method, the unit or individual that manufactures the same product shall provide proof that its product manufacturing method is different from the patented method.
Where a patent infringement dispute involves a patent for utility model or a patent for design, the people's court or the administrative department for patent affairs may require the patentee or interested party to issue a patent evaluation report made by the patent administrative department of the State Council after searching, analyzing and evaluating the relevant utility model or design as evidence for hearing and handling the patent infringement dispute.
Detailed Rules for the Implementation of the Patent Law of People's Republic of China (PRC) (revised 20 10).
Article 56 After the announcement of the decision to grant the patent right for utility model or design, the patentee or interested party specified in Article 60 of the Patent Law may request the patent administration department of the State Council to make a patent evaluation report. Where a patent evaluation report is requested, a request for a patent evaluation report shall be submitted, and the patent number shall be indicated. Each request shall be limited to one patent right. If the request for patent evaluation report is not in conformity with the provisions, the administrative department for patent in the State Council shall notify the claimant to make corrections within a specified time limit; If the claimant fails to make corrections within the time limit, it shall be deemed that he has not made a request.
Article 57 The patent administrative department in 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.
Guide to Patent Examination published by China National Intellectual Property Administration (Revised Edition 20 14).
Chapter X Patent Evaluation Report
1. Introduction
Paragraph 2 of Article 61 of the Patent Law stipulates that if a patent infringement dispute involves a patent for utility model or a patent for design, the people's court or the administrative department for patent affairs may require the patentee or interested party to issue a patent evaluation report made by China National Intellectual Property Administration. According to the request of the patentee or interested party, China National Intellectual Property Administration searches the relevant utility model patent or design patent, analyzes and evaluates whether the patent meets the authorization conditions stipulated in the Patent Law and its detailed rules for implementation, and makes a patent evaluation report. The patent evaluation report is the evidence for the people's court or the administrative department for patent affairs to hear and handle patent infringement disputes, and it is mainly used for the people's court or the administrative department for patent affairs to determine whether it is necessary to suspend relevant procedures. The patent evaluation report is not an administrative decision, and the patentee or interested party cannot file an administrative reconsideration or administrative lawsuit.
Correction of patent evaluation report
The department that made the patent evaluation report may correct it by itself after it finds that the patent evaluation report has errors. If the claimant thinks that there are errors in the patent evaluation report that need to be corrected, he may request correction. The revised patent evaluation report shall be sent to the requester in time.
6. 1 Correctable contents
There are the following errors in the patent evaluation report, which can be corrected:
(1) The information or text in the project description is incorrect;
(2) Procedural errors in making the patent evaluation report;
(three) the application of the law is obviously wrong;
(4) The facts on which the conclusion is based are obviously wrong;
(5) Other errors that should be corrected.
6.2 Start of calibration procedure
(1) The department that makes the patent evaluation report does it by itself.
The department that made the patent evaluation report may start the correction procedure on its own after discovering the errors that need to be corrected in the patent evaluation report.
(2) The requester requests to start.
If the applicant thinks that there are errors in the patent evaluation report that need to be corrected, he may make a request for correction within two months after receiving the patent evaluation report. Where a request for correction is made, it shall be made in writing in the form of an opinion statement, indicating the contents to be corrected and the reasons for correction, but the patent document shall not be amended.