Simply put, it is an evaluation report that proves that a patent has a patent right. Whether dealing with patent infringement disputes or supporting patent promotion, patent evaluation reports have a very important role, as follows:
1. The patent evaluation report is the basis for the people's court or the administrative department for patent affairs to decide whether to suspend the trial.
2. The patent evaluation report is the basis for the people's court or the patent administrative department to judge whether the patent infringement dispute is infringing.
What needs to be understood is that general patent infringement disputes all involve utility model patents or design patents. In this case, 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 relevant utility models or designs as evidence for hearing and handling patent infringement disputes.
3. The patent evaluation report is the basis for the patentee to prove the "gold content" of the patent in patent promotion.
Because utility models and appearance patents can be authorized without substantive examination, they are considered unstable and have low "gold content". However, in this case, if the positive patent evaluation report issued by the Patent Office is obtained, it is equivalent to the patent being authorized by the State Patent Office again, and the stability and gold content of the patent will be further recognized.
4. Patent evaluation report is the necessary preparation for the obligee to deal with patent infringement.
The patent evaluation report made by the patentee in advance is also a necessary data reserve for solving patent infringement in the future, and the information we get is that the patent evaluation report was made by the substantive examination department designated by China National Intellectual Property Administration according to the provisions of the patent law and the detailed rules for the implementation of the patent law, and its conclusions have legal basis and official status, and do not belong to specific administrative actions. However, due to the expansion of the scope of examination and the professionalism and uniqueness of the examination department, it can be said that the production process of patent evaluation report belongs to substantive examination in nature.
The official fee for patent evaluation report, while the request fee for patent search report is 2400 yuan.