What is the function of patent evaluation report?

Patent evaluation report is not an administrative decision, but a form of evidence or certificate. When trying and handling patent infringement disputes, the people's court or the administrative department for patent affairs may decide whether it is necessary to suspend relevant procedures. Generally, when the above-mentioned "program suspension" affairs are involved, a patent evaluation report needs to be submitted. Paragraph 2 of Article 61 of the Patent Law stipulates that if a patent infringement dispute involves a patent for utility model or a patent for design, the people's court or the administrative department for patent affairs may require the patentee or interested party to issue a patent evaluation report made by China National Intellectual Property Administration. According to the request of the patentee or interested party, China National Intellectual Property Administration conducts a patent search (/) on the relevant utility model patent or design patent, analyzes and evaluates whether the patent meets the authorization conditions stipulated in the Patent Law and its detailed rules for implementation, and makes a patent evaluation report. The patent evaluation report is the evidence for the people's court or the administrative department for patent affairs to hear and handle patent infringement disputes, and it is mainly used for the people's court or the administrative department for patent affairs to determine whether it is necessary to suspend relevant procedures. The patent evaluation report is not an administrative decision, and the patentee or interested party cannot file an administrative reconsideration or administrative lawsuit. To sum up, the patent evaluation report is a form of proof or evidence, not an administrative document, and is widely used in patent infringement cases. It is worth noting that the patent evaluation report is not aimed at the invention patent, and it can only be applied if the patent is a design. At present, the application for patent evaluation report needs to pay a certain fee, and the applicant can pay the fee through various forms such as post office or bank remittance.