What does an intellectual property consultant do?

Intellectual property consultants are actually salesmen of trademark patent offices, professionals who help companies register trademarks and apply for patents. If an enterprise can have its own intellectual property consultant, this consultant can participate in the whole process of the formulation, implementation and supervision of the enterprise's intellectual property management system, and can provide calm and objective opinions and suggestions on the enterprise's scientific research and development, investment decision-making and technology introduction. According to the relevant laws and regulations, if a patent is exploited without the permission of the patentee, that is, the patent right is infringed and disputes are caused, the parties concerned shall settle them through consultation; Unwilling to negotiate or failing to do so, the patentee or interested party may bring a suit in a people's court or request the administrative department for patent affairs to handle it.

legal ground

patent law of the people's republic of china

Article 22 An invention or utility model that has been granted a patent right shall be novel, creative and practical.

Novelty means that the invention or utility model does not belong to the prior art; Before the filing date, no unit or individual filed an application for the same invention or utility model with the administrative department for patent in the State Council, and it was recorded in the patent application documents published or announced after the filing date.

Creativity means that compared with the prior art, the invention has outstanding substantive features and remarkable progress, and the utility model has substantive features and progress.

Practicality means that the invention or utility model can be manufactured or used and can produce positive effects.

The existing technology mentioned in this law refers to the technology known to the public at home and abroad before the date of application. Article 60 Where a patent is exploited without the permission of the patentee, that is, the patent right is infringed and a dispute arises, the parties concerned shall settle it through consultation; Unwilling to negotiate or failing to do so, the patentee or interested party may bring a suit in a people's court or request the administrative department for patent affairs to handle it. When the administrative department for patent affairs finds that the infringement is established, it may order the infringer to stop the infringement immediately. If a party refuses to accept the decision, he may bring a lawsuit to the people's court in accordance with the Administrative Procedure Law of the People's Republic of China within 15 days from the date of receiving the notice of handling. If the infringer fails to prosecute and stop the infringement upon expiration of the time limit, the administrative department for patent affairs may apply to the people's court for compulsory execution. At the request of the parties concerned, the administrative department for patent affairs may mediate the amount of compensation for patent infringement; If mediation fails, the parties may bring a lawsuit to the people's court in accordance with the Civil Procedure Law of People's Republic of China (PRC).