How to deal with patent administrative litigation

After preparing the indictment and the copy of the indictment, and collecting the evidence materials according to law, the parties concerned may bring a patent administrative lawsuit to the people's court with jurisdiction. Moreover, the prosecution time of the parties should generally not exceed six months, otherwise it may exceed the effective period of the statute of limitations.

legal ground

Article 46 of the Administrative Procedure Law of the People's Republic of China

If a citizen, legal person or other organization brings a lawsuit directly to the people's court, it shall bring a lawsuit within six months from the date when it knows or should know that it has taken an administrative act. Except as otherwise provided by law.

Article 49

A lawsuit shall meet the following conditions:

(1) The plaintiff is a citizen, legal person or other organization that meets the requirements of Article 25 of this Law;

(2) Having a clear defendant;

(three) there are specific requests and factual basis;

(4) Being within the scope of accepting cases by the people's courts and under the jurisdiction of the people's courts under appeal.

Article 50

The prosecution shall submit a complaint to the people's court, and submit copies according to the number of defendants.