Where to report patent fraud:
(1) After being cheated, the patentee can take two ways to protect his rights, one is to contact the local intellectual property office and other administrative departments, and the other is to report the case to the local case-handling department. Many patentees will first turn to the local intellectual property office after discovering that they have been cheated. After receiving reports and complaints, local intellectual property offices will actively accept them. On the one hand, they investigate and handle cases, and at the same time coordinate relevant law enforcement departments to hand over major cases to public security departments.
(2) According to Chinese laws, patent fraud is an economic crime, and the patentee can report a large amount of fraud to the economic reconnaissance department of the public security organ. China's criminal law clearly stipulates the conviction and sentencing standards for the crime of fraud: whoever defrauds public or private property of more than 2,000 yuan is a "large amount" and is sentenced to fixed-term imprisonment of not more than three years, criminal detention or control, and concurrently fined; Those who defraud public or private property of more than 30,000 yuan are "huge" and are sentenced to fixed-term imprisonment of more than 3 years 10 years and fined; Whoever defrauds public or private property of more than 200,000 yuan is "extremely huge" and shall be sentenced to fixed-term imprisonment of not less than 10 or life imprisonment, and shall also be fined or confiscated.
Second, what are the ways of patent fraud?
(a) defrauding the evaluation fee by way of patent award. In this form of fraud, the patentee usually receives the award notice, is told that his invention has won a major award, and requires the patentee to pay a certain amount of award-winning evaluation fee, certificate fee, etc. To the designated bank account. After paying the fee, you will get the award-winning certificate and the national science and technology transformation fund.
(2) defrauding the service fee in the name of a technology transfer intermediary. Usually, after the inventor's patent is published in the patent announcement, he will receive letters from some intermediaries saying that he can help the inventor transform the patent, but he needs to pay a certain service fee. After the inventor paid the money, there was either no news or he did introduce the company, but the company would tell him that the patented technology was not needed at all.
Third, how to sell your own patents.
According to the provisions of China's patent law, the patentee needs to sign an assignment agreement and a patent assignment contract with the assignee when selling an invention patent. Invention patent is the most difficult patent to apply for in China, and it will only be granted if it meets the requirements after preliminary examination and substantive examination.