How long does it usually take for the Intellectual Property Office to hear patent infringement cases?

1. according to the newly revised patent administrative law enforcement measures, the time limit for handling patent infringement disputes has been shortened, from the original stipulation that complex cases should be closed in 4 months plus 1 month to 3 months plus 1 month.

Second, the patent right is the exclusive right of the patentee to use his invention and creation. Patent infringement refers to the illegal act of implementing a valid patent protected by law for the purpose of production and operation without the permission of the patentee.

Three, the types of patent infringement:

1, manufacturing patented products without permission;

2. Intentionally using the patented product of invention or utility model;

3. Selling or promising to sell patented products without permission;

4. Use patented methods and use, sell or promise to sell products directly obtained according to patented methods;

5. The act of importing patented products or products directly obtained by patented methods;

6. The act of counterfeiting others' patents;

7. The act of counterfeiting patents.

Four, the elements of patent infringement include two aspects: formal conditions and substantive conditions. Among them, the formal requirements mainly include:

1) The implementation behavior involves a valid China patent;

2) The implementation must be carried out without the permission or authorization of the patentee;

3) The implementation behavior must be aimed at production and operation. Whether the actor has subjective intention is not a formal requirement. But it can be used as a basis to measure the seriousness of the plot.

Five, the essential elements of patent infringement, that is, technical conditions, whether the substantive implementation behavior belongs to the scope of patent protection. If the technical features involved by the actor belong to the scope of patent protection, then the actor constitutes patent infringement. There are mainly the following performances:

1) The technical features involved by the actor are all the same as the patent, which constitutes infringement;

2) The actor involves more technical features than patents, which also constitutes infringement;

3) The technical features involved by the actor are the same as the patent, but different technical features are equivalent to the patent, which still constitutes infringement; Otherwise, it does not constitute infringement.