Entrusted by the patent administrative department of the people's government of a province or a city divided into districts, the patent administrative department of the people's government of a county (city, district) may handle and mediate patent disputes within its administrative area. Article 4 Where a party requests to handle or mediate a patent dispute, it shall be under the jurisdiction of the patent administration department in the place where the infringement is committed or where the respondent is located.
Where a party concerned submits a request for handling to two or more competent patent administrative departments, it shall be under the jurisdiction of the patent administrative department that accepted it first.
Where the administrative department for patent affairs disputes the jurisdiction, the administrative department for patent affairs of the people's government at the next higher level, which is common to both parties to the dispute, shall designate the jurisdiction. Article 5 Patent disputes under any of the following circumstances shall be handled and mediated by the patent administrative department of the provincial people's government:
(a) one of the parties is a foreigner, stateless person, foreign enterprise or organization;
(two) the location of the requested person is not in the city divided into districts in this province;
(three) significant, complex or significant.
The administrative department for patent affairs of the provincial people's government may designate the administrative department for patent affairs of the municipal people's government with relevant districts to have jurisdiction over the patent disputes mentioned in item 2 of the preceding paragraph. Article 6 The administrative department for patent affairs shall handle patent disputes on the basis of facts, take the law as the criterion and follow the principles of fairness and timeliness.
The administrative department for patent affairs shall, in mediating patent disputes, follow the principles of voluntariness and legality, and urge the parties to understand each other and reach a mediation agreement on the basis of finding out the facts. Article 7. Where a party requests the patent administration department to handle and mediate a patent dispute with the same facts and reasons, the patent administration department will not accept it. Chapter II Handling of Patent Disputes Article 8 Where a patent infringement dispute is caused by the exploitation of a patent without the permission of the patentee, the patentee or interested party may request the patent administration department to handle the patent infringement dispute. Article 9 A patent dispute settlement request shall meet the following conditions:
(a) there is a clear respondent;
(two) there are clear requests and specific facts and reasons;
(3) Being under the jurisdiction of the patent administration department;
(4) The parties have not brought a lawsuit to the people's court on the dispute. Article 10 Where a party requests to handle a patent dispute, it shall submit the following materials:
(1) a letter of request;
(two) the main qualification certificate of the parties;
(three) the validity period of the relevant patent documents and patent rights;
(4) Evidence of suspected patent infringement;
(5) Other relevant evidence and certificates.
The parties concerned shall provide the originals of relevant materials, or photocopies, photos, duplicates and excerpts verified by the patent administration department; If foreign language materials are submitted, a Chinese translation shall be attached. Article 11 If a party entrusts an agent, it shall submit a power of attorney signed or sealed by the principal. The power of attorney shall specify the entrusted matters and authority.
Where an agent accepts, waives, changes the handling request or reconciles on his behalf, he shall obtain the special authorization of the principal. Article 12 Where the patent administrative department considers that the written request and related materials meet the conditions for filing a case, it shall file a case within 5 working days from the date of receiving the written request and notify the parties concerned; If it does not meet the conditions for filing a case, it shall, within five working days from the date of receiving the request, notify the claimant in writing that it will not accept it and explain the reasons.
Where the written request and related materials need to be corrected, the patent administration department shall, within five working days from the date of receiving the written request and related materials, notify the requester to make corrections within the specified time limit. If it meets the conditions for filing after correction, the patent administration department shall file a case within five working days from the date of receiving the corrected materials; If the compensation claimant fails to make corrections within the time limit or fails to make corrections as required, it shall notify the compensation claimant in writing that it will not accept it and explain the reasons. Article 13 When handling patent disputes, the administrative department for patent affairs may investigate and collect relevant evidence according to its functions and powers.
If the parties concerned are unable to collect relevant evidence by themselves due to objective reasons, they may request the patent administration department to investigate and collect evidence in writing, and the patent administration department shall decide whether to investigate and collect relevant evidence according to the situation.
When the patent administration department investigates and collects evidence, the parties concerned and relevant personnel shall give assistance and truthfully report the situation, and shall not refuse, obstruct or conceal, forge, transfer or destroy the evidence. Article 14 When handling patent disputes, the administrative department for patent affairs shall require the parties to produce evidence and conduct cross-examination.
For evidence involving commercial secrets and personal privacy, the parties may apply for non-public cross-examination. Article 15 A party may apply to the administrative department for patent for identification of professional issues involved in patent disputes. When the patent administration department deems it necessary, the parties concerned shall negotiate to determine an appraiser with corresponding qualifications for appraisal; If negotiation fails, it shall be designated by the patent administration department.
The patent administrative department may hire relevant experts or institutions to consult on professional issues involved in patent disputes.