Solutions to disputes over the ownership of patent application rights

The solution to the dispute over the ownership of patent application right case introduction The patent applicant entrusts others to apply for a patent, and others add their own names after the patent applicant without the applicant's knowledge, which leads to the dispute over the ownership of patent application right. Legal analysis There are usually three ways for parties to resolve disputes over the ownership of patent application rights: first, self-negotiation should be the first choice of the parties, which has the following advantages: first, the parties can negotiate on their own, which can reduce the probability of intensification of contradictions and solve disputes at the lowest cost; Second, the manpower and financial resources invested by the parties to resolve disputes can be appropriately reduced; Third, negotiation may be the most effective way to solve the problem. Two, request the department in charge of patent work for mediation, if the parties are unwilling to negotiate or fail to negotiate, they may also request the department in charge of patent work for mediation. According to the provisions of the Measures for the Administrative Enforcement of Patents, if the department in charge of patent affairs is requested to mediate patent disputes, a request shall be submitted. (a) the name and address of the claimant, the name and position of the legal representative or principal responsible person, the name of the agent, and the name and address of the agency 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. After receiving the mediation request, the administrative department for patent affairs will 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 15 days from the date of receipt. If the respondent submits an opinion statement and agrees to mediation, the patent administration department will file a case in time and inform the applicant and the respondent of the time and place for 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. If a party requests to mediate a dispute over the ownership of the right to apply for a patent, it may request China National Intellectual Property Administration to suspend the relevant procedures of the patent application on the basis of the acceptance notice of the patent administrative 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. [! Imperial news. Page-] Third, bring a lawsuit to the people's court [/! Imperial news. Page-] In addition to self-negotiation and requesting mediation by the patent administration department, the patentee or interested party may bring a lawsuit to the people's court. Attention should be paid to the following points in prosecution: 1. The lawsuit shall be brought to the intermediate people's court where the people's governments of provinces, autonomous regions and municipalities directly under the Central Government are located and the court with jurisdiction designated by the Supreme People's Court. 2. The limitation of action for disputes over the right to apply for a patent is two years, counting from the date when the obligee knows or should know. It is generally believed that the publication date of an application for a patent for invention is regarded as the date that the parties should know. 3. Sufficient evidence should be prepared.