If someone sues the court for infringement of his patent right, the court will send you a copy of the complaint after accepting it. According to the regulations, the defendant must submit the defense within 15 days after receiving the copy of the complaint. During this period, the following work should be done:
1, immediately hire a patent lawyer or patent agent to consult the plaintiff's patent documents to understand the case.
2. Cooperate with the patent agent to collect materials and prepare documents, and submit a request for invalidation of the patent to the Patent Office within fifteen days of the defense period.
3. Study the contents of the complaint and the plaintiff's evidence materials, collect counterclaim evidence against the plaintiff's claim, cooperate with the agent to write the defense, on the one hand, provide evidence of the patent invalidation request, and request the court to suspend the proceedings according to law; On the other hand, the defense and counterclaim are put forward against the claims and evidence in the plaintiff's complaint.
Under normal circumstances, if an invalid request is filed with the Patent Office within 15 days, the court will suspend the proceedings and wait for the decision of the Patent Office on the invalid request. After that, on the one hand, the patent agent completed the statement of opinions in the whole invalid procedure, on the other hand, he studied the plaintiff's claim and evidence, further collected the evidence to the contrary, and waited for the court to make an invalid decision before opening the court again.
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2. What patent disputes can be prosecuted?
1, patent ownership litigation
Patent ownership litigation refers to litigation involving a patent application right or the subject to which the patent ultimately belongs, mainly referring to patent application right ownership litigation and patent ownership litigation. The litigation of patent application right ownership takes place in the patent application stage, and the litigation of patent ownership takes place after the patent right is granted.
2. Patent infringement litigation
Patent infringement lawsuit refers to the lawsuit caused by the patentee's illegal infringement of patent right. They can be patent infringement lawsuits caused by a single patent infringement, or they can be patent infringement lawsuits caused by other reasons, such as patent licensing and patent transfer, counterfeit patents, technology trade or parallel imports. But the most common is the patent infringement lawsuit caused by a single patent infringement.
3. Patent contract litigation
Patent contract litigation refers to litigation caused by non-performance or partial performance of patent licensing contract or patent transfer contract. The matters involved in this kind of litigation are the rights and obligations stipulated in the contract or law. In this kind of litigation, the breach of contract by the parties to the contract is an important cause of action and cause of action, and the patent licensing contract or transfer contract is an important basis for judging and solving this kind of litigation. This kind of litigation usually involves a written license contract or a written transfer contract signed by both parties, but it also includes cases that constitute a de facto patent license or patent transfer but are not agreed in writing.
4. Patent administrative litigation
The strict significance of patent administrative litigation is the judicial review litigation cases of patent administrative acts, including: administrative litigation brought by the parties who refuse to accept the reexamination decision made by the Patent Reexamination Board to maintain the examination decision of rejecting the patent application or the request for invalidation; China National Intellectual Property Administration refuses to accept a specific administrative act (including the administrative reconsideration decision) and takes him as the defendant in administrative litigation; An administrative lawsuit filed against the decision of the local intellectual property management department to stop the infringement or the punishment decision made on counterfeiting other people's patents or impersonating patents.
5. Other patent litigation.
Other patent-related litigation includes litigation caused by the qualification of the inventor or designer, and litigation caused by the failure of the unit to give the inventor or designer a certain reward or remuneration according to law after the implementation of the service invention-creation and economic benefits.
After all, it is patent infringement, which has not been identified at this time. From the above, it can be seen that in law, patent contract litigation refers to litigation caused by non-performance or partial performance of patent licensing contract or patent transfer contract.