Science and technology, economy and trade, industry and commerce, taxation, technical supervision, public security, customs, radio and television, press and publication and other relevant departments. Patent administration authorities at all levels shall, according to their respective functions and duties, cooperate with the patent administration authorities to implement patent protection. Chapter II Patent Management Article 4 Units or individuals may apply for patents at home and abroad in accordance with relevant state regulations.
Before applying for a patent, the personnel related to the technical scheme of the invention-creation shall bear the responsibility of confidentiality. Article 5 The entity or individual that implements the patent has the right to indicate the patent mark and patent number on its patented product or the packaging of the product, and may affix the patent anti-counterfeiting mark that has passed the examination by the provincial patent administration authority on its product. Article 6 Anyone who uses radio, television, newspapers and advertisements to promote patented products and patented methods must issue valid patent certificates and patent documents to the above-mentioned communication units. Article 7 No unit or individual may provide convenient conditions such as manufacturing, selling, using, displaying, advertising, warehousing, transportation, mailing or hiding. Infringe the patent right for others, impersonate others' patents or impersonate patents. Article 8 Where the patentee and its interested parties are suspected of infringing the patent right of import and export goods, they may request the patent administration authorities and the customs to implement protection. Article 9 Units that introduce technical equipment, Chinese-foreign equity joint ventures and Chinese-foreign cooperative ventures that invest in technical equipment must conduct patent searches. Chapter III Handling of Patent Disputes Article 10 The parties to the following patent disputes may request the patent administration authorities to handle them, or they may directly bring a suit in a people's court:
Patent infringement disputes;
(2) Disputes over the right to apply for a patent and the ownership of the patent;
(3) Disputes over the reward of service inventors;
(4) Disputes over the cost of implementing the invention after the application for a patent for invention is published but before the patent right is granted;
(5) Disputes over the contract for the transfer of patent application rights, the contract for the transfer of patent rights, and the contract for the licensing of patent exploitation;
(6) Disputes over the qualifications of inventors and designers;
(7) Other patent disputes. Article 11 To request the patent administrative organ to handle patent disputes, the following conditions shall be met:
(a) the claimant is a unit or individual that has a direct interest in the patent dispute;
(2) Having a clear respondent and specific requests, facts and reasons;
(three) the parties have not brought a lawsuit to the people's court or there is no arbitration agreement;
(4) Matters under the jurisdiction and acceptance of the patent administration authorities. Article 12 Local patent administrations at all levels shall not declare the patent right invalid when handling patent infringement disputes.
After the patent administration organ files a case, if the respondent requests the Chinese Patent Office to revoke the patent right or the Patent Reexamination Board declares the patent right invalid, it shall notify the patent administration organ in writing and may apply for suspension of the processing. The patent administration organ shall make a decision on whether to suspend the processing and notify the parties concerned. Article 13 When handling a patent dispute, the patent administrative organ has the right to inspect the site, seal up or temporarily detain the original documents related to the infringement, such as files, drawings, materials, account books, etc. The relevant units or individuals shall assist in the investigation and provide relevant information, and shall not refuse.
When investigating and handling the case on the spot, the case-handling personnel must show their law enforcement certificates and notify the parties and relevant personnel to be present. Article 14 When handling a patent infringement dispute case, the patent administrative organ may, at the request of the claimant, seal up or temporarily detain the goods, materials, special tools, equipment and other articles related to the case.
Where the claimant applies for sealing up or detaining measures, he must provide a guarantee. Where the respondent provides a guarantee, the sealed goods shall be released or returned after examination and approval by the patent administration authority. Article 15 The patent administration authorities shall apply the principle of mediation in handling patent disputes. If mediation fails, the patent administration organ shall make a decision within six months; If an agreement is reached through mediation and one party reneges, it may bring a lawsuit to the people's court. Chapter IV Investigation and Punishment of Counterfeiting Patents Article 16 The patent administration authorities shall investigate and punish the following acts of counterfeiting patents according to law:
(1) Printing or using forged patent certificates, patent application numbers, patent numbers or other patent application marks or patent marks;
(2) Printing or using the patent application number or other patent application marks that have been rejected, withdrawn or deemed withdrawn;
(3) printing or using a patent certificate, patent number or other patent mark that has been revoked, terminated or declared invalid;
(4) manufacturing or selling products with the marks listed in the preceding three items;
(5) Other acts of counterfeiting patents.