What is a patent evaluation report?

Patent evaluation report: a document made by China National Intellectual Property Administration according to the request of the patentee or interested party to search the relevant utility model patent or design patent, and to analyze and evaluate whether the patent meets the authorization conditions stipulated in the Patent Law and its detailed rules for implementation.

First of all, the patent evaluation report is aimed at utility models and designs, not at invention patents. The patent office will search the application for a patent for invention when examining the substantive content, so the invention does not need a patent evaluation report. However, the utility model was not retrieved during the examination, so the patent right was unstable. In order to ensure that the patent will not be infringed or invalidated in the subsequent implementation process, some companies will require an evaluation report to determine the stability of the patent to a certain extent.

Secondly, the patent evaluation report is the evidence for the people's court or the department in charge of patent work to hear and handle patent infringement disputes, which is mainly used for the people's court or the department in charge of patent work to determine whether it is necessary to suspend relevant procedures. This is a legal issue.

So what you need to pay attention to is whether the patent of your company is utility model or design. You only need to apply for an evaluation report.

As for the benefits to your company, as mentioned above, it is safer to use patents, and the searched patents are more stable, and it is basically certain that they will not be infringed or invalidated.

However, some patents are not novel and creative, and once searched, they are found to be very unstable. Therefore, the company can invest a lot of money, manpower and material resources in this patent without the results of the evaluation report. Or prepare for subsequent infringement or invalidity in advance.

Generally speaking, the advantages of making an evaluation report far outweigh the disadvantages.