Detailed rules of patent protection in patent law

Article 78 The departments for the administration of patent work mentioned in the Patent Law and these Detailed Rules refer to the departments for the administration of patent work established by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government and the people's governments of cities divided into districts with heavy workload in patent management and strong practical handling capacity. Article 79 Except as provided for in Article 57 of the Patent Law, the administrative department for patent affairs may, at the request of the parties concerned, mediate the following patent disputes: (1) disputes over the right to apply for a patent and the ownership of the patent right; (2) Disputes over the qualifications of inventors and designers; (3) Disputes over rewards and remuneration of inventors and designers of service inventions; (4) Disputes over the use of an invention without paying an appropriate fee after the publication of an application for a patent for invention and before the grant of a patent right. For the disputes listed in Item (4) of the preceding paragraph, the patentee's request for mediation by the administrative department for patent affairs shall be conducted after the patent right is granted. Article 80 The patent administration department in the State Council shall provide professional guidance to the patent administration department in handling and mediating patent disputes. Article 81 Where a party requests to handle or mediate a patent dispute, it shall be under the jurisdiction of the administrative department for patent affairs where the respondent is located or where the infringement occurs. Where more than two departments in charge of patent work have jurisdiction over patent disputes, the parties may make a request to one of the departments in charge of patent work; Where a party makes a request to two or more departments that have jurisdiction over patent work, it shall be under the jurisdiction of the department that accepts it first. Where the department in charge of patent work disputes the jurisdiction, the department in charge of patent work of the people's government at a higher level shall designate the jurisdiction; Where there is no department for the administration of patent work under the people's government at a higher level, the administrative department for patent in the State Council shall designate the jurisdiction. Article 82 In the course of handling a patent infringement dispute, if the respondent requests invalidation and is accepted by the Patent Reexamination Board, it may request the administrative department for patent affairs to suspend the handling. Where the administrative department for patent affairs considers that the reason for suspension put forward by the respondent is obviously untenable, it may not suspend the processing. Article 83 Where the patentee marks the patent mark on his patented product or the package of the product in accordance with Article 15 of the Patent Law, it shall mark it in the manner prescribed by the patent administration department of the State Council. Article 84 The following acts are acts of counterfeiting the patents of others: (1) Marking the patent numbers of others on products manufactured or sold by them without permission; (two) without permission, using the patent number of others in advertisements or other promotional materials, making people mistake the technology involved for the patented technology of others; (3) Using someone else's patent number in a contract without permission, causing people to mistake the technology involved in the contract for the patented technology of others; (4) Forging or altering other people's patent certificates, patent documents or patent application documents. Article 85 The following acts belong to the acts of passing off non-patented products as patented products and passing off non-patented methods as patented methods: (1) manufacturing or selling non-patented products marked with patent marks; (two) after the patent right is declared invalid, the patent mark continues to be marked on the products manufactured or sold by it; (3) Calling non-patented technology as patented technology in advertisements or other promotional materials; (4) The non-patented technology is called patented technology in the contract; (5) Forging or altering patent certificates, patent documents or patent application documents. Article 86 If the party concerned has requested the administrative department for patent affairs to handle the matter or bring a suit in a people's court, he may request the patent administrative department of the State Council to suspend the relevant procedures. In accordance with the provisions of the preceding paragraph, a request to suspend the relevant procedures shall be submitted to the patent administration department of the State Council, and a copy of the relevant acceptance documents of the patent administration department or the people's court shall be attached. After the decision made by the patent administration department or the judgment made by the people's court comes into effect, the parties concerned shall go through the formalities for resuming the relevant procedures with the patent administration department of the State Council. If the dispute over the right to apply for a patent or the ownership of the patent has not been resolved within 65,438+0 years from the date of requesting the suspension, and it is necessary to continue to suspend the relevant procedures, the requester shall request an extension of the suspension within this time limit. If no extension is requested at the expiration of the time limit, the patent administration department of the State Council shall resume the relevant procedures on its own. Article 87 If the people's court decides to take preservation measures for the patent right in the trial of a civil case, the patent administration department in the State Council shall suspend the relevant procedures for the preserved patent right when assisting in the execution. If the people's court has not decided to continue to take preservation measures after the expiration of the preservation period, the patent administration department in the State Council will resume the relevant procedures on its own.