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.
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