Attached is the administrative settlement process of patent application disputes, hoping to help you!
According to the Detailed Rules for the Implementation of the Patent Law of People's Republic of China (PRC), the department in charge of patent work can mediate at the request of the parties concerned.
According to the Measures for Administrative Enforcement of Patents,
Where the administrative department for patent affairs is requested to mediate patent disputes, a written request shall be submitted. The request shall record the following contents:
(a) the name and address of the claimant, the name and position of the legal representative or principal responsible person, and the names and addresses of the agents and agencies if an agent is entrusted;
(2) The name and address of the requested person;
(three) the specific matters and reasons for the request for mediation.
Where a separate request for mediation of the amount of compensation for patent infringement is made, a copy of the decision made by the relevant administrative department for patent affairs that the infringement is established shall be submitted.
After receiving the request for mediation, the administrative department for patent affairs shall promptly send a copy of the request to the respondent by mail, direct delivery or other means, and require it to submit an opinion statement within 05 days from the date of receipt.
If the respondent submits an opinion statement and agrees to mediation, the administrative department for patent affairs shall file a case in time and notify the applicant and the respondent of the time and place of mediation.
If the respondent fails to submit the statement of opinions within the time limit, or indicates in the statement of opinions that it does not accept mediation, the administrative department for patent affairs shall not file a case and notify the requester.
Where a dispute over the right to apply for a patent or the ownership of a patent requests mediation, the parties concerned may request China National Intellectual Property Administration to suspend the relevant procedures of the patent application or patent right on the basis of the acceptance notice of the patent administration department.
If an agreement is reached through mediation, the parties shall go through the restoration procedures in China National Intellectual Property Administration with the mediation agreement; If no agreement can be reached, the parties concerned shall go through the restoration procedures in China National Intellectual Property Administration with the revocation notice issued by the patent administration department. If no extension of suspension is requested within 1 year from the date of suspension request, China National Intellectual Property Administration will resume relevant procedures on its own.
According to the above provisions, it can be seen that the dispute over the right to apply for a patent belongs to the category of mediation by the department in charge of patent work, and the law does not stipulate the time limit for settlement. However, if one party does not agree to accept mediation, the department in charge of patent work cannot file a case.
In addition, according to the "Several Provisions of the Supreme People's Court on the Applicable Law in the Trial of Patent Disputes", the people's court can accept disputes over the right to apply for a patent. Therefore, if you think that someone else has plagiarized your technology and applied for a patent, you can also bring a lawsuit to the people's court.