(1) Disputes over the cost of using the invention-creation after the patent right is granted, after the application for a patent for invention or an application for utility model or design is published, and before the patent right is granted;
(two) whether the invention-creation for which the inventor or designer and his subordinate unit apply for a patent belongs to the dispute of service invention-creation;
(3) Disputes over whether the inventor or designer and his subordinate units apply for a patent for his service invention-creation;
(4) Disputes over patent application rights;
(five) patent licensing contract disputes. Article 3 For the disputes or disputes listed in Articles 1 and 2 of the Interim Measures, the claimant may request the competent department at a higher level or the local patent administration authority for mediation.
Infringement disputes that are inter-departmental or inter-regional shall be handled by the patent administration authority at the place where the infringement occurred or the patent administration authority at the higher level of the infringing unit. Chapter II Handling Article 4 Where a patent administration authority is requested to handle a dispute, a written request shall be submitted, and a copy of the written request shall be submitted according to the number of respondents.
The request shall contain the following items:
(a) the name and address of the claimant, 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 reasons, facts and requirements of the request, listing the evidence, the name and address of the witness;
(4) Proof that the applicant holds or owns all the patent rights. Article 5 After accepting the request for handling, the patent administration organ shall send a copy of the request to the respondent within 10 days. After receiving the written request, the respondent shall submit the written defense and relevant evidence within one month. If the respondent fails to submit the defense on time, it will not affect the handling. Article 6 When handling disputes, the patent administration authorities shall investigate and study, collect evidence and find out the disputed facts. When investigating and collecting evidence, you can consult relevant files, materials and original vouchers from relevant units.
Evidence involving state secrets shall be kept confidential. Article 7. When handling disputes, the patent administration authorities may invite relevant technical experts to assist them as needed. Article 8 When handling infringement disputes, the patent administration authorities have the right to order the infringer to stop the infringement and compensate the losses. Article 9 After handling a dispute, the patent administration organ shall make a decision on handling it, notify the parties concerned, and submit a copy of the decision to the Intermediate People's Court where the patent administration organ is located.
The decision shall specify the following items:
(a) the names and addresses of the claimant and the respondent, and the names and positions of their representatives or agents;
(two) the reasons and requirements of the request;
(3) Handling the facts and reasons identified in the decision;
(4) the contents of the decision;
(5) Fee burden.
The written decision shall be signed and sealed by the undertaker of the patent administration organ. Article 10 If a party refuses to accept the decision of the patent administration organ, it shall bring a lawsuit to the intermediate people's court where the patent administration organ is located within three months from the date of receiving the decision. If neither prosecution nor performance is made at the expiration of the time limit, the patent administration organ may request the people's court for compulsory execution. Chapter III Mediation Article 11 When mediating patent disputes, the patent administration authorities shall ascertain the facts, distinguish right from wrong, and urge the parties to understand each other and reach an agreement. Article 12 When conducting mediation, the patent administration authorities may invite relevant technical experts for assistance as needed. Article 13 When mediating the disputes listed in Item (1) of Article 2 of these Measures, the patent administration authorities have the right to decide that the entity or individual shall pay the appropriate fees within the specified time limit. If a party refuses to accept the decision of the patent administration organ, he may bring a lawsuit to the people's court. For other disputes or disputes listed in this article, mediation must be voluntary and not forced. The contents of the agreement shall not violate laws, administrative regulations, rules and policies, and shall not harm the interests of the public and others. Article 14 If an agreement is reached through mediation, a conciliation statement shall be made.
The conciliation statement shall clearly state:
(a) the name and address of the parties, the name and position of the representative or agent;
(two) the main facts and responsibilities of the dispute;
(3) the contents of the agreement.
The conciliation statement shall be signed by the parties concerned, signed by the undertaker of the patent administration organ and stamped with the official seal. Chapter IV Supplementary Provisions Article 15 When handling patent disputes, the patent administration authorities may collect fees as appropriate. The charging standard shall not exceed 60% of the standard for the people's court where the patent administration organ is located to accept similar cases. The specific amount shall be determined by the patent administration authorities themselves. Sixteenth after the mediation, the patent administration organ shall pay a return visit, listen to the opinions of the parties and check the mediation effect; Summing up experience and continuously improving the quality of patent dispute mediation.