patent

Legal analysis: it is not easy to invent a patent, which involves the efforts of the inventor, but some people are driven by interests to do infringing things, so inventors should learn to protect their intellectual property rights. Patent rights protection process: 1. Apply to the Patent Administration for mediation: No need, the parties can bring a lawsuit directly to the people's court without administrative mediation. However, the decision of the patent administration authority has to go through judicial review, and the dissatisfied party can also bring an administrative lawsuit to the court, and the administrative lawsuit has to go through two trials, so it is difficult to implement it across provinces. 2. Bring a lawsuit to the court: compare and analyze the technology of the suspected infringer with his own patented technology to determine whether the patent infringement is established; Investigate the scope or degree of infringement, and prepare the complaint and relevant evidence; Filing a case in a court with jurisdiction; After the hearing, wait for the court's ruling or judgment to take effect; Apply for enforcement. The limitation of action is 2 years, counting from the date when the patentee or interested party knows or should know about the infringement.

Legal basis: People's Republic of China (PRC) Patent Law.

Article 60 The patent administration department in the State Council shall promptly notify the patentee of the decision to grant a compulsory license for exploitation, and register and announce it. The decision to grant compulsory license shall stipulate the scope and time of implementation according to the reasons for compulsory license. When the reasons for compulsory license are eliminated and no longer exist, the administrative department for patent in the State Council shall, at the request of the patentee, make a decision to terminate the compulsory license after examination.

Article 61 A unit or individual that has obtained a compulsory license for exploitation does not enjoy the exclusive right of exploitation, and has no right to allow others to exploit it.

Article 62 A unit or individual that has obtained a compulsory license for exploitation shall pay a reasonable royalty to the patentee, or handle it in accordance with the provisions of relevant international treaties to which People's Republic of China (PRC) is a party. If the user fee is paid, the amount shall be negotiated by both parties; If both parties fail to reach an agreement, it shall be decided by the patent administration department of the State Council.

Article 63 If the patentee refuses to accept the decision of the patent administrative department of the State Council on compulsory license, and if the patentee and the unit or individual that obtained the compulsory license refuse to accept the decision of the patent administrative department of the State Council on compulsory license fee, they may bring a lawsuit to the people's court within three months from the date of receiving the notice.