Measures of the Ministry of Electric Power Industry for Handling Patent Disputes (for Trial Implementation)

Article 1 In order to effectively mediate and handle patent disputes in the Ministry of Electric Power Industry (hereinafter referred to as mediation), protect the legitimate rights and interests of inventors, patentees and interested parties, encourage invention and creation, and maintain the normal economic order, these Measures are formulated in accordance with the Patent Law of People's Republic of China (PRC), the Detailed Rules for the Implementation of the Patent Law of People's Republic of China (PRC), the Measures for the Patent Administration of the Patent Office of China and other relevant laws. Article 2 The Patent Management Office of the Ministry of Science and Technology (hereinafter referred to as the Patent Management Office) is the functional department for mediating patent disputes within the Ministry system. Article 3 In mediating patent disputes, the Patent Office must seriously investigate and study, take facts as the basis, take law as the criterion, and give priority to mediation. If mediation fails, a decision shall be made in time. Article 4 Mediation of patent disputes shall be undertaken by a mediation team composed of personnel from the Patent Office, or by a mediation team composed of personnel from relevant units or systems designated or invited by the Patent Office. Relevant technical experts and other personnel may be hired to assist in complex cases. Article 5 The undertaker, hired technical experts and other personnel involved in patent dispute mediation shall recuse themselves, and the parties (the claimant and the respondent are collectively referred to as parties) also have the right to ask them to recuse themselves:

1. is a close relative of the parties to this patent dispute;

2. Have an interest in this patent dispute;

3. Having other relations with the parties to this patent dispute, which may affect the fair handling of this patent dispute.

The withdrawal of the person in charge of the patent office in handling a case shall be decided by the personnel of the patent office collectively, and the withdrawal of other case-handling personnel shall be decided by the person in charge of the patent office. The decision to withdraw shall be notified orally or in writing by the Patent Office to the parties concerned or the case-handling personnel. Article 6 The Patent Office shall mediate the following patent disputes:

1. Patent infringement dispute;

2. Disputes over the cost of implementing the invention-creation after the publication of the application for a patent for invention and before being granted the patent right (i.e. temporary protection period);

3. Disputes over patent application rights;

4. Disputes over patent ownership;

5. Patent licensing contract disputes;

6 patent or patent application right transfer contract disputes;

7. Whether it is a service invention dispute;

8. Dispute over the post invention award;

9. Disputes over the signature of the inventor or designer;

10. Other patent disputes that can be mediated by the Patent Administration Office according to law. Article 7 Patent disputes within the Ministry system may also be submitted to the patent administration authorities established by the people's governments of provinces, autonomous regions, municipalities directly under the Central Government, cities with separate plans, open cities and special economic zones for mediation according to law.

The patent office will no longer accept the request for mediation of patent disputes accepted by the above-mentioned patent administration authorities.

If it is found that the claimant conceals the facts, which leads to repeated acceptance by the Patent Office, regardless of whether the mediation decision is made, it is deemed that the request does not exist from the beginning, but the expenses incurred in the mediation process shall be borne by the claimant. Article 8 The respondent is a unit or individual outside the Ministry system, and its patent dispute shall be mediated by the patent administration authority at the place where the act occurred or where the respondent is located. Article 9 The time limit for the request for mediation of patent disputes is:

1. The limitation of infringement disputes is two years, counting from the date when the patentee or interested party knows or should know the infringement;

2. The limitation of disputes over the right to apply for a patent is two years, counting from the date of publication of the patent application;

3 belongs to the patent ownership dispute and the second paragraph of article sixth of the dispute for a period of two years, counting from the date of the patent right is granted;

4. The limitation of disputes stipulated in paragraphs 5 and 6 of Article 6 is one year, counting from the day when the parties know or should know that their legitimate rights and interests have been infringed;

5. The limitation of signature disputes belonging to the inventor or designer is two years, counting from the date of publication of the patent application;

6. The limitation of the dispute over the service invention award is two years, counting from the date when the inventor, designer or interested party knows or should know;

7. The limitation of action for other patent disputes shall generally not exceed two years with reference to the above funds;

8. If the patent dispute for mediation exceeds the limitation period, but there are justified reasons and conclusive evidence, the Patent Office may accept it as appropriate. Article 10 A patent dispute mediation request shall meet the following conditions:

1. The claimant must be a unit or individual that has a direct interest in the patent dispute;

2. There is a clear respondent, and there are specific requests and factual basis;

3. Comply with the provisions of Article 6 and Article 9 of these Measures;

4. Neither party to the dispute brought a lawsuit to the people's court, nor requested the patent administration to mediate. Article 11 To request the Patent Management Office to mediate patent disputes, a request for mediation of patent disputes (hereinafter referred to as the request) shall be submitted. The request shall be submitted in one original, and the number of copies shall be provided according to the number of respondents. The letter of request shall specify: the name and address of the requester (including postal code, the same below), and the name, position and address of the legal representative or agent; The name and address of the requested person, and the name, position and address of the legal representative or agent; Requested items, reasons and factual basis;

Documents proving that the claimant owns or holds the patent right and other documents that can prove that the claimant has the right to make a request; Other evidence and sources of evidence, names and addresses of witnesses.