If there is a patent dispute, the parties can solve it through various channels, among which mediation is a better way to deal with it. However, according to the law, not all patent disputes can be settled through mediation. Next, Bian Xiao will tell you which patent disputes can be settled through mediation.
1. What patent disputes can be settled through mediation?
1, patent royalty dispute, that is, after the publication of an application for a patent for invention, someone else's patented technology was used before the patent was granted, and after the patent was granted, the patentee asked him to pay a reasonable royalty.
2. Disputes over patent incentive fees refer to disputes between the inventor or designer of a patent and his unit on the rewards and remuneration he or she deserves.
3. The dispute over patent application right mainly involves who has the right to apply for a patent and whether * * * has the same right to apply for a patent. The dispute of patent application right will affect the patent examination procedure. After receiving the notice of the dispute over the right to apply for a patent, the patent administrative department in the State Council usually suspends the examination and approval according to the regulations, and then resumes the examination and approval procedures after the dispute over the right to apply for a patent is closed.
4, patent ownership dispute, patent ownership dispute is the ownership dispute after the patent application is authorized. After effective mediation by the administrative department for patent affairs, if the ownership of the patent right changes, you can go through the formalities for the change of the patentee with the effective mediation decision of the State Council.
5. Patent contract disputes Patent contract disputes usually include three aspects, one is patent transfer disputes, the other is patent technology shareholding or patent technology cooperative development and implementation disputes, and the third is patent licensing trade disputes.
6. Patent infringement disputes. Infringement disputes are the most common and important disputes in patent disputes, including production infringement, sales infringement and use infringement disputes.
Second, the procedure of patent dispute mediation
(1) Conditions for applying for patent dispute mediation
1. Require the claimant to be a unit or individual that has a direct interest in the patent dispute;
2. There must be a clear respondent and specific requests, facts and reasons;
3. Neither party has brought a lawsuit to the people's court or there is no arbitration agreement;
4, belongs to the scope of the patent management department, accepted;
5. Within the two-year validity period of patent mediation.
(2) Investigating, sealing up or detaining relevant evidence and articles.
After accepting a patent dispute case, the administrative department for patent affairs has the right to conduct on-site inquest and inspection on its own initiative, and seal up or temporarily detain the original documents such as files, drawings, materials and account books related to the alleged infringement. At the request of the claimant, the goods, materials, special tools and other articles related to the case may also be sealed up or temporarily detained. Where the claimant applies for sealing up or detaining measures, he must provide a guarantee. Where the respondent puts forward a counter-guarantee, the sealed goods may be released or returned with the consent of the patent administration department.
(3) to mediate and make a decision.
The administrative department for patent affairs may mediate patent disputes. If mediation fails, it shall make a decision within the prescribed time limit. The contents of the decision include stopping the infringement, destroying infringing tools and infringing products, etc. If a party refuses to accept the notice, it shall bring a lawsuit to the people's court within 15 days from the date of receiving the notice. If neither prosecution nor execution is made, the administrative department for patent affairs may request the people's court for compulsory execution.
To sum up, we know that the above six kinds of patent disputes can be resolved through mediation. Of course, mediation is not the only way to solve patent disputes, and the parties can solve the disputes by applying for arbitration or bringing a lawsuit. If you are not sure how to protect your own interests when solving disputes, you can entrust a professional lawyer to provide legal help.