1. Application for appraisal: The first step in the patent infringement appraisal process is to apply. It can be put forward by the patentee or the accused infringer, and finally decided by the court according to the circumstances of the case. Second, determine the appraisal project: whether it is the comparison of the overall technical scheme or the comparison of a certain technical feature. This is also the most important and critical part of patent technology appraisal. Three. Selection of authentication institutions: the parties can decide through consultation. If negotiation fails, the judicial authentication institution of the people's court shall randomly select the designated appraiser (institution) from the personnel who meet the appraisal conditions and are included in the roster of appraisers (institutions). Four. Selection of appraisers: after accepting the entrustment, the appraisal institution shall provide a list of appraisers to the designated people's court for both parties to choose, so as to facilitate the parties to exercise their right to apply for withdrawal of appraisers. The appraisal institution shall form an expert group among the appraisers who have no objection from both parties. If there are circumstances in which the appraiser should withdraw, or all the appraisers provided by the appraisal institution are applied for withdrawal by the parties, the appraisal institution may appeal to the entrusted people's court, and the people's court shall make a ruling on whether the reasons for withdrawal are established, and finally determine the appraiser or re-select the appraisal institution. V. Appraisal cycle: General appraisal is completed within 30 working days, and difficult appraisal is completed within 60 working days. In case of legal circumstances, the evaluation can be suspended or terminated. Termination of appraisal: the subject or object is in an unstable state, which affects the appraisal conclusion; The inspected person is unable to conduct inspection at the designated time and place; Need to make an appointment for special inspection or wait for inspection results; Need to supplement the identification materials. Final appraisal: unable to obtain the necessary appraisal materials; The appraiser or the inspected does not cooperate with the inspection, and still does not cooperate after doing the work; Withdraw the lawsuit or settle the case through mediation during the appraisal process; Other circumstances that cannot be evaluated. 6. Issue the appraisal book: the appraisal department and appraiser submit the written appraisal conclusion, and sign or seal the appraisal book. Where an appraiser conducts an appraisal, the unit where the appraiser belongs shall affix a seal to prove the identity of the appraiser. If there are different opinions on the appraisal opinions of multiple appraisers, it shall be indicated. 7. Acceptance of appraisal conclusion: The appraisal conclusion shall be cross-examined by both parties in court, and the appraiser shall appear in court to accept questions from the parties. If the appraiser is unable to appear in court for special reasons, he may, with the permission of the people's court, answer the questions of the parties in writing. The parties may also apply for a person with specialized knowledge to appear in court, and with the permission of the court, invite an expert to appear in court. The appraisal conclusion without cross-examination shall not be used as the basis for finalizing the case.
legal ground
patent law of the people's republic of china
Article 35 Within 3 years from the date of filing, the administrative department for patent in the State Council may, upon the request of the applicant at any time, make a substantive examination of the application; If the applicant fails to request substantive examination within the time limit without justifiable reasons, the application shall be deemed to have been withdrawn. The patent administrative department of the State Council may, when it deems it necessary, examine the application for a patent for invention on its own.