What are the procedures for handling the patent invalidation agency contract?
I. Procedure 1. The client explains the cause of action, the reasons for invalidation and the factual basis, and determines the purpose of the request for invalidation. 2. The agency contract and agency are invalid. 3. The client shall submit the identity certificate, including the copy of the business license of the enterprise and the identity certificate of the legal representative. 4. The client shall pay the relevant expenses according to the contract. 5. Require the client to provide relevant retrieval materials related to the prior right of invalid patent in writing, or provide relevant technical materials in the same technical field, similar technical field or related technical field; And ask the parties to provide relevant retrieval materials. The information provided by the customer must be original and copy. If only photocopies are provided, the photocopies of the materials, the front cover, the second or third back cover, the source of the title page and the time of printing and publication shall be provided in writing. If the patent for appearance is invalid, it is also necessary to provide various materials, picture books and other materials that are the same as or similar to the patent, and collect relevant evidence as an agent, including prior public documents, technical materials, invoices, contracts, products used in prior manufacturing and sales, and other notarized evidence of prior public behavior. 6, study the evidence materials, determine the most effective scheme for the request for invalidation, whether it is necessary to notarize or identify the important evidence; Write a request for invalidation and submit it to the Patent Reexamination Board. 7. For the settlement in the invalid procedure, put forward the settlement plan and conditions according to the opinions of the client, and write and sign the settlement agreement. 8, study the patentee's opinion statement, timely reply. If the patent involving high and new technology is invalid, the client shall assign professional and technical personnel familiar with the technology to cooperate and guide the technical analysis, write the invalidation request and participate in the oral hearing. 9. When patent invalidation involves infringement disputes, assist the client to do the following work: 1) assist the client to get the notice of invalidation hearing from the Patent Reexamination Board within the defense period (15 days); 2) After accepting the case, the Patent Reexamination Board requests the people's court to suspend the trial of patent infringement disputes; 3) After the Patent Reexamination Board makes an invalid decision, it shall forward the relevant invalid decision to the people's court. Two. The client shall submit the list of materials 1, the client's personal identity certificate or business license and legal person certificate. 2. Patent certificate and patent announcement document of the patentee. 3. Previously published patent documents, previously published scientific and technological documents, known technologies and other technical materials related to invalid patents. 4. When the patent invalidation involves infringement disputes, the client shall also provide the following materials: 1) the client's products, photos, product manuals and other materials. 2) All documents served by the people's court, including the petition. 3) Description of the production and operation, technical source, time and production preparation of the products accused of infringement by the Principal. Three. The minimum fee for an invalid agent is 5,000 yuan, which shall be negotiated as appropriate according to the difficulty of the case. Invalid request fee, patent retrieval fee, evidence collection fee and travel expenses are paid in advance according to the actual amount. When dealing with the prosecution of such contracts. Relevant plaintiffs should actively prepare relevant materials to explain the uniqueness and originality of the patent. Avoid cases that are difficult to hear because of insufficient evidence or vague facts. You can explain and prove it through physical objects, photos and product manuals, and safeguard your legitimate rights and interests.