Because utility model patents and design patents only pass the preliminary examination and authorization without substantive examination, their legal stability is relatively low, and the possibility of being declared invalid is relatively high. If the patentee arbitrarily accuses others of patent infringement, it may be counterproductive because the patent is declared invalid, which will not only hit the competitors, but also consume a lot of money and time. Therefore, the patentee can ask China National Intellectual Property Administration to make a patent evaluation report before accusing others of infringing his patent, so as to make a correct judgment and be in an invincible position.
Frequently asked questions: patent application
In a dispute case accepted by the people's court, if the defendant requests to declare the patent right of utility model or design invalid within the defense period, the people's court shall suspend the lawsuit. However, if the search report or patent evaluation report issued by the plaintiff fails to find out the reasons for the invalidation of utility model or design, the people's court shall not suspend the lawsuit.
Frequently asked questions: Application process and cost of appearance patent
In addition, when a patent lawsuit is filed against a patent for utility model or design, the people's court may require the plaintiff to submit a search report or a patent evaluation report according to the needs of the trial. If the plaintiff fails to submit it within the time limit without justifiable reasons, the people's court may rule to suspend the lawsuit or order the plaintiff to bear the possible adverse consequences.
The above is the function of patent evaluation report. If you have any other questions about patent evaluation, please feel free to log in for consultation. We have dedicated customer service staff to serve you.
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