1. Which court shall hear the invention patent right?
It is under the jurisdiction of the Intellectual Property Court, the Intermediate People
1. Which court shall hear the invention patent right?
It is under the jurisdiction of the Intellectual Property Court, the Intermediate People's Court and the Basic People's Court determined by the Supreme People's Court. Moreover, disputes arising from the infringement of the invention patent right may be under the jurisdiction of the people's court in the place where the infringement occurred or where the defendant has his domicile.
Legal basis:
"the Supreme People's Court on the application of
Patent dispute cases are under the jurisdiction of intellectual property courts, intermediate people's courts and grassroots people's courts determined by the Supreme People's Court.
Maritime and maritime cases shall be under the jurisdiction of the maritime court.
Second, what are the contents of the patent ownership dispute?
(A) the right to apply for a patent dispute
After an invention is completed, who has the right to apply for a patent depends on the nature of the invention. For non-service inventions, the right to apply for a patent belongs to the inventor or designer. If the invention is completed by only one person, the problem is relatively simple. If there are more than one inventor or designer, there may be a dispute between * * * and the inventor or designer about the right to apply, which often occurs on the premise that the signature of the inventor or designer is uncertain. Once the inventor or designer is determined, the problem of determining the applicant for non-service invention-creation is solved. For service invention-creation, the disputes over patent application rights are mostly cases of commissioned research or cooperative research by units. In both cases, if the right to apply is not stipulated in the contract in advance, according to the provisions of Article 8 of the Patent Law, the right to apply for a patent belongs to the completed or jointly completed unit. However, if the client invests a lot of research expenses, the client will not give up the right to apply because there is no contract agreement in advance, especially when cooperating with overseas units in research, the foreign party will often ask for the right to apply. So is the cooperative research of domestic units. When one party cooperates, it only invests in material conditions, does not participate in the actual invention and creation, and there is no contract agreement in advance. When applying for a patent, it is required to be an applicant, and then a dispute arises.
There are also cases of cooperative research between two units. When applying for a patent, one party is unwilling to bear the application fee and give up the application. When it saw that the patented technology had potential economic benefits and demanded the restoration of the applicant, the dispute arose.
The most controversial issue about the right to apply is the identification of service inventions and non-service inventions. In one case, an inventor applied for a patent for a non-service invention-creation, and then licensed or transferred it to other units for implementation. This patent technology "leakage phenomenon" is particularly common in the flow of scientific and technological personnel or part-time services. On the other hand, if the unit is unwilling to raise the patent application fee for the invention-creation completed in its own work and give up the application, the inventor will apply for the non-service invention-creation, which will easily lead to disputes with the original unit after the inventor obtains the economic benefits. On the other hand, the inventor of non-service invention-creation is willing to apply for a patent for service invention-creation at the beginning of patent application, considering the application fee or the relationship with the unit. In the future, when the inventor can only get a small part of the income distribution from patent implementation, he needs to reconfirm the right to apply, which will lead to disputes.
(2) Patent disputes
This refers to the dispute between the parties in confirming Huai as the real obligee after the patent right is granted. There are differences in nature between patent ownership disputes and application rights disputes. The dispute over the ownership of the patent right occurred after authorization, and the legal status of the patent right has been determined, so that the patentee can exercise all the rights stipulated by law and fulfill the prescribed obligations. Once a dispute occurs, or the patentee changes or increases or decreases, it will affect the implementation of the patent. Especially when licensing others, the consent of all patentees must be obtained, and the instability of patentees is unfavorable to both licensor and licensee.
The forms of patent ownership disputes are:
One is the patent ownership dispute between * * * and the patentee;
The second is the patent ownership dispute defined by service invention and non-service invention;
The third is the patent ownership dispute entrusted for research.
After the application for registration of the invention patent right, others may not infringe upon the rights and interests of the patentee for personal gain. If there is a dispute over the patent right, the parties can negotiate first. If negotiation fails, the infringed party may bring a lawsuit to the people's court to safeguard its own rights and interests.