The department requesting the administration of patent affairs to handle patent infringement disputes shall meet the following conditions:
(1) The claimant is the patentee or interested party;
(2) Having a clear respondent;
(three) there are clear requests and specific facts and reasons;
(4) The scope of acceptance and jurisdiction of the patent administrative department;
(5) The parties concerned have not brought a lawsuit to the people's court on the patent infringement dispute.
The interested parties mentioned in the first paragraph include the licensee of the patent licensing contract and the legal heir of the patentee. Among the licensees of a patent licensing contract, the licensee who exclusively implements the licensing contract may make a separate request; The licensee who exclusively implements the licensing contract may make a separate request without the request of the patentee; Unless otherwise agreed in the contract, the licensee who generally implements the license contract cannot make a separate request.
Two, request the patent administrative department to deal with patent infringement disputes, it shall submit the request and the following documents:
(a) the subject qualification certificate, that is, the individual submits the resident identity card or other valid identity documents, and the unit submits a copy of the valid business license or other subject qualification documents and the identity certificate of the legal representative or principal responsible person;
(2) Proof that the patent right is valid, that is, a copy of the patent register, or the patent certificate of the current year and the receipt for paying the annual patent fee.
Where a patent infringement dispute involves a patent for utility model or design, the administrative department for patent affairs may require the claimant to issue a patent evaluation report (utility model patent search report) made by China National Intellectual Property Administration.
The claimant shall provide a copy of the request and relevant evidence according to the number of the requested persons.