In June1992165438+1October 10, Chongqing Institute of Rehabilitation Medicine Engineering (hereinafter referred to as the Institute) awarded its utility model patent of "Portable Electromagnetic Radiation Therapeutic Apparatus" to the Central Asian factory for exclusive production, operation and sales nationwide. Since then, Zhongya Factory has produced the "Zhongya Holy Lamp Therapeutic Apparatus" according to the patented technology. 1February 6, 1994, the research institute licensed the utility model patent of "portable electromagnetic radiation therapeutic instrument" to Xishan factory, and the agreement also stipulated that both parties shall not transfer the patented technology to a third party. Xishan Factory produces "Oriental Holy Lamp Therapeutic Apparatus" according to patented technology. On March 7th of the following year, the Institute signed a patent exclusive right transfer agreement with Central Asia Factory, stipulating that Central Asia Factory enjoys the exclusive national ownership of "portable electromagnetic wave radiator". In addition, Wang, the legal representative of Zhongya Factory, owns two patents for the design of the therapeutic instrument. On April 5, 1994, Wang Yu/KLOC-0 transferred these two patents to Central Asia Factory, but neither party went through the relevant formalities in the State Patent Office.
Plaintiff Zhongya Factory claimed that the Oriental Holy Lamp produced by defendant Xishan Factory was exactly the same as that produced by defendant Zhongya Holy Lamp, and its design was basically the same, which infringed its patent right, and requested the court to order Xishan Factory to stop work, apologize and compensate for the loss of 300,000 yuan. At the same time, the plaintiff also filed a property preservation application. Defendant Xishan Factory argued that "Oriental Holy Lamp Therapeutic Apparatus" and "Zhongya Holy Lamp Therapeutic Apparatus" have the same patented technology of utility model, but our factory produced it with the consent of the patentee, so it does not constitute infringement. As for the two designs, they are different from the "Zhongya Holy Lamp" in shape and shape, neither the same nor similar, and do not constitute infringement. Therefore, the plaintiff made a mistake in applying for property preservation, and counterclaimed accordingly, demanding that Zhongya Factory apologize and compensate for the loss of 570,000 yuan.
The court of first instance held that the defendant Xishan Factory did not constitute patent infringement to the plaintiff. The reason is that the "Oriental Victory Lamp" of Xishan Factory is produced according to the implementation license contract signed with the patentee research institute, so it does not constitute infringement. Regarding the two design patents, although the patentee Wang signed a patent transfer agreement with Zhongya Factory, he did not go through the relevant formalities in the State Patent Office, so the agreement did not take effect. Zhongya Factory is neither a patentee nor an interested party, and it does not have the qualification of litigation subject. Because the claim of Central Asia Factory has no legal basis, its application for property preservation is wrong, and Central Asia Factory should be liable for the losses caused by Xishan Factory. Xishan factory's counterclaim is not based on the same fact or legal relationship with this case, so its counterclaim behavior is improper and it should bear corresponding responsibilities. Accordingly, the first-instance judgment rejected the plaintiff's claim of Zhongya Factory, and the plaintiff Zhongya Factory compensated the defendant Xishan Factory for the loss of 299 139.6 yuan caused by the wrong application for property preservation; The counterclaim of the defendant Xishan Factory is not supported. The plaintiff appealed against the judgment of first instance, and the court of second instance ruled that the plaintiff's appeal was rejected and the original judgment was upheld.
Patent right, referred to as "patent" for short, is an intellectual property right, which is the exclusive right of the inventor or his right holder to exploit a specific invention within a certain period of time. China promulgated the Patent Law on 1984, and the detailed rules for its implementation on 1985, which made specific provisions on related matters.
The word "patent" comes from Latin "Litterae patentes", which means open letters or open documents. It is a certificate used by medieval monarchs to issue certain privileges, and later refers to the exclusive right certificate signed by the British king himself. Patents are the largest source of technical information in the world. According to empirical statistical analysis, patents contain 90%-95% of the global scientific and technological information.