Article 3 The abnormal patent application mentioned in these Provisions refers to:
(1) The same entity or individual submits multiple patent applications with obviously the same contents;
(two) the same unit or individual submitted a number of patent applications, obviously copying the existing technology or existing design;
(three) the same unit or individual to submit a number of different materials, components, proportions, parts and other simple replacement or patchwork of patent applications;
(four) the same unit or individual to submit a number of experimental data or obviously fabricated technical effects of the patent application;
(5) The same entity or individual submits multiple patent applications for randomly generating product shapes, patterns or colors by using computer technology;
(six) to help others to submit or patent agencies to submit the types of patent applications mentioned in items 1 to 5 of this article.
According to the regulations, in addition to handling the submitted patent applications in accordance with the provisions of the Patent Law and its detailed rules for implementation, China National Intellectual Property Administration can also notify the abnormal patent applications, or suggest that the local patent administration departments should not subsidize or reward them; If it has been funded or rewarded, it is recommended to recover it in whole or in part. If the circumstances are serious enough to constitute a crime, they shall be transferred to the relevant authorities for criminal responsibility.
Extended data case:
Recently, the Tiantai court made a decision on administrative detention 15 for Li, the executor of the application who deliberately concealed the facts, maliciously applied for execution and hindered the normal execution order of the people's court.
Yuan Lee was originally a designer of a real estate company. There was a dispute with the company due to labor remuneration during his tenure. Li sued the company to Tiantai Court on 20 17. After trial, the court ruled that the real estate company paid Ali a total of 29,399.79 yuan.
Because Li refused to accept the judgment of the first instance, he subsequently appealed to Taizhou Intermediate People's Court. During the appeal, the two parties reached a settlement through self-negotiation, and the real estate company paid Ali a total of 90,000 yuan. After receiving the money, Li withdrew his appeal to the court of second instance and the dispute was settled smoothly.
One and a half years after the incident, Tiantai Court received an application for execution mailed by Li Congxiang Port, demanding that the real estate company fulfill the labor remuneration determined by the first-instance judgment totaling 29,399.79 yuan, and the court filed a case for execution on the same day.
In the process of implementation, Tiantai Court issued an enforcement notice and a property report order to the person subjected to execution according to law, and frozen the bank deposit of 30,000 yuan under the name of the company through the network inspection and control system.
On the third day after filing the case, the legal representative of the real estate company submitted a report to the court on Li's abuse of litigation right and malicious lawsuit, and provided a copy of the bank payment voucher and Li's application for withdrawal of the lawsuit to prove the fact that the two parties reconciled and performed on their own.
In order to find out the facts, law enforcement officers immediately contacted Li to verify the situation, but Li repeatedly refused to answer the phone and avoided the question when the phone was connected.
After being summoned, when Li went to the court for investigation, he admitted that there were no other economic disputes with the real estate company except labor disputes, and he also accepted 90,000 yuan from the real estate company. After receiving the money, he applied to Taizhou Intermediate People's Court in writing to withdraw the lawsuit, but always denied that the dispute between the two parties had been resolved. After receiving the summons, Li repeatedly reported that the court illegally restricted his personal freedom, which seriously disrupted the normal execution order of the court.
China Taizhou Net-The applicant who maliciously applied for execution was detained according to law.
Qinghai provincial intellectual property office "several provisions on regulating patent application behavior" (according to the first