1. Company A obtained a patent for utility model of bicycle umbrella device, and found that the bicycle produced by Company B used this technology, so it filed a lawsuit in court, demanding that Company B stop the infringement and compensate for the loss of 654.38+million yuan. Which of the following is correct for Company A? (20 1 1/ 3 /63)
A. bring a lawsuit to the basic court where Company B is located.
B the written patent evaluation report issued by China National Intellectual Property Administration was not submitted to the accepting court at the time of prosecution.
C. Incorporate the technical scheme only stated in the specification but not recorded in the claim into the protection scope of the patent right.
D. the right to change the claim after the expiration of the time limit for adducing evidence and before the end of the court debate.
Reference answer
1. Patent Protection of Testing Center
Answer BD
Analysis: Article 2 of the Provisions on the Handling of Patent Disputes stipulates? Patent dispute cases of first instance shall be under the jurisdiction of the intermediate people's courts where the people's governments of all provinces, autonomous regions and municipalities directly under the Central Government are located and the intermediate people's courts designated by the Supreme People's Court. The Supreme People's Court may, according to the actual situation, designate basic people's courts to have jurisdiction over patent dispute cases of first instance? . Cases of first instance of patent infringement are generally under the jurisdiction of the statutory intermediate people's court, and the grass-roots courts only enjoy the jurisdiction of patent cases under special circumstances (designated by the Supreme Court). Error a, not elected.
Because there is no substantive examination of the application for the patent for utility model and design, it is very likely that the patent for utility model or design will be granted to the non-patentable application. In order to facilitate the litigation of patent infringement of utility model and design, the second paragraph of Article 61 of the Patent Law stipulates? Where a patent infringement dispute involves a patent for utility model or design, the people's court or the administrative department for patent affairs may require the patentee or interested party to issue a patent evaluation report made by the patent administrative department of the State Council after searching, analyzing and evaluating the relevant utility model or design as evidence for hearing and handling the patent infringement dispute? . ? Patent evaluation report? In essence, after the authorization, China National Intellectual Property Administration will conduct a substantive examination of the utility model or design to determine whether it meets the conditions for granting the patent right. The evaluation report has the force of evidence. However, the law stipulates that the court? what's up Instead of. Should? Provide evaluation report. Item b is correct and elected.
Paragraph 1 of Article 59 of the Patent Law stipulates? The scope of protection of the patent right for invention or utility model shall be subject to the contents of the claims, and the description and drawings may be used to explain the contents of the claims? . Article 5 of the Interpretation of Patent Disputes stipulates? In a patent infringement dispute case, the people's court will not support the technical scheme described in the specification or drawings but not recorded in the claim? . Error in item C, not selected.
The first paragraph of Article 1 of Interpretation of Patent Disputes stipulates? The people's court shall determine the scope of protection of the patent right according to the obligee's claim and the provisions of the first paragraph of Article 59 of the Patent Law. Before the end of the debate in the court of first instance, the people's court shall allow the creditors to change their claims? . Item d is correct and elected.