1. Which department should I complain about patent infringement?
You can complain to the local intellectual property office or collect evidence to sue the court for compensation.
According to Article 60 of the Patent Law, patent disputes can be resolved in the following three ways:
1, which shall be settled by the parties through consultation;
2, to the people's court; (Patent infringement cases are under the jurisdiction of the Intermediate People's Court of First Instance)
3, request the competent department of patent work. (Intellectual Property Offices of all provinces and cities)
Second, where does the patent application go?
(1) China National Intellectual Property Administration:
Manage the national patent work (including foreign-related intellectual property affairs; There is no administrative law enforcement power to directly handle and mediate patent disputes; Has the function of guiding the formulation and implementation of local regulations and designating jurisdiction)
Accept and examine patent applications in a unified manner and grant patent rights according to law. (The local intellectual property office has no function of examining and granting patent rights)
(two) the establishment of local patent management departments:
People's governments at the provincial level (intellectual property offices of provinces and autonomous regions; Municipal Intellectual Property Office)
People's governments at or above the prefecture level (Intellectual Property Offices of the capitals of all provinces and autonomous regions; Intellectual property offices of cities under separate state planning; Prefecture (state) Intellectual Property Office; Intellectual property offices of municipalities directly under the Central Government; Intellectual Property Office of Xinjiang Construction Corps)
(three) the functions of the local patent administration department:
1, processing function:
(1) Determine whether the patent infringement is established.
(2) Investigate and deal with patent counterfeiting.
2. Mediation function:
(1) amount of compensation for patent infringement;
(two) the right to apply for a patent and patent ownership disputes;
(3) Disputes over the qualifications of inventors and designers;
(4) Disputes over rewards and remuneration of inventors and designers of service inventions;
(5) Disputes over the use of an invention without paying an appropriate fee after the publication of the application for a patent for invention and before the patent right is granted;
(6) Other patent disputes.
Third, how to deal with the illegal infringement of the rights of the patentee?
According to the provisions of China's patent law, when the patentee's rights are illegally infringed, he can request the patent management authority to handle it, or he can bring a lawsuit directly to the people's court.
1, requesting the patent administration to mediate:
The patent administrative organ refers to the patent administrative organ established by the relevant competent departments of the State Council and the people's governments of provinces, autonomous regions, municipalities directly under the Central Government, open cities and special economic zones. When the patent right is infringed, the patentee or interested party may request the patent office where the infringement occurred or the patent administration department of the superior competent department of the infringing unit to handle it.
2, to the people's court:
When the patent right is illegally infringed, the patentee or the person with conflict of interest may bring a lawsuit directly to the people's court, or bring a lawsuit to the people's court after the patent administration organ handles it. The intermediate people's courts where the people's governments of provinces, autonomous regions and municipalities directly under the Central Government are located and the intermediate people's courts of special economic zones are the courts of first instance, while the higher people's courts of provinces, autonomous regions and municipalities directly under the Central Government are the courts of second instance.
Which department complained about patent infringement for you? From the above, we can know that if the patent is illegally infringed, we must resolutely crack down. If you encounter it, you can go to the patent management authority to deal with it. If you are not satisfied, you can bring a lawsuit to the people's court. This knowledge is a bit complicated, but it is also very important. If you have any other questions, please consult a lawyer.