1. Which level of court hears invention patent rights?
It is under the jurisdiction of the Intermediate People's Court and the Basic People's Court determined by the Intellectual Property Court and the Supreme People's Court. Disputes arising from infringement of invention patent rights may be under the jurisdiction of the people's court at the place where the infringement occurred or where the defendant is domiciled.
Legal basis:
Article 2 of the "Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China"
Patent dispute cases are under the jurisdiction of the Intellectual Property Court, the Intermediate People's Court and the Basic People's Court determined by the Supreme People's Court.
Maritime and maritime commercial cases are under the jurisdiction of the Maritime Court.
2. What are the contents of patent ownership disputes?
(1) Patent application right disputes
After an invention is completed, who has the rights? Applying for a patent depends on the nature of the invention. For non-service inventions and creations, the right to apply for a patent belongs to the inventor or designer. If the invention and creation is completed by only one person, the problem is relatively simple. If there are multiple inventors or designers, there may be disputes over the right to apply among the same inventors or designers, and this is often between the inventors. Or the designer’s signature is uncertain. Once the inventor or designer is determined, the problem of determining the applicant for a non-service invention-creation will be easily solved. For service-based inventions and creations, disputes over the right to apply for patents are often caused by research commissioned by an employer or through collaborative research. In these two cases, if there is no prior contractual agreement on the right to apply, according to Article 8 of the Patent Law, the right to apply for a patent belongs to the unit that completes or jointly completes the application. However, if the entrusting party has invested a large amount of research expenses, the entrusting party will not give up the right to apply because there is no prior contract agreement. Especially when cooperating with overseas units for research, foreign parties often require the right to apply. The same is true in collaborative research between domestic units. Disputes arise when one party only invests in material conditions when cooperating and does not participate in the actual invention and creation. There is no prior contract agreement and requests to be the applicant when applying for a patent.
Another situation is that two units cooperate in research. When applying for a patent, one party is unwilling to bear the application fee and gives up the application. When it sees the potential economic benefits of the patented technology and requests to reinstate the applicant, A dispute arose.
The most common dispute over the right to apply is the determination of service inventions and non-service inventions. One situation is that the inventor applies for a patent as a non-service invention and creation, which is originally a service invention, and then licenses or transfers it to other units for implementation. This "leakage phenomenon" of patented technology is especially true in the flow of scientific and technological personnel or in part-time services. universal. Another situation is that the employer is unwilling to increase patent application fees for inventions and creations completed in the course of work and gives up the application. The inventor then applies for non-employment inventions and creations. After the inventor obtains economic benefits, it is easy to have a dispute with the original employer. . There is also a situation where the implementer of a non-service invention-creator, at the beginning of applying for a patent, considers the application fee or the relationship with the unit and wishes to apply for a patent as a service invention-creation. In the future distribution of profits from the implementation of the patent, the inventor can only use When a small portion was obtained in the form of a reward, re-confirmation of the right to apply was required, and disputes arose.
(2) Disputes over patent ownership
This refers to the dispute between the parties over confirming that Huai is the real right holder after the patent is granted. Patent ownership disputes are qualitatively different from application rights disputes. Patent ownership disputes occur after authorization. The legal status of the patent has been determined, and the patentee can exercise various rights and perform stipulated obligations under the law. Once a dispute occurs, or the patentee is changed, added or deleted, it will have an impact on the implementation of the patent. Especially when licensing others to implement, the consent of all patent holders is required. The instability of the patent holder is detrimental to both the licensor and the licensee.
The forms of patent ownership disputes include:
The first is patent ownership disputes between *** and the patentee;
The second is service inventions and patent ownership disputes defined as non-service inventions;
The third is patent ownership disputes involving commissioned research.
After applying for registration of an invention patent, others cannot infringe upon the rights and interests of the patent owner for personal gain. If a dispute arises over the patent, the parties can negotiate first. If the negotiation fails, Then the injured party can file a lawsuit in the People's Court to safeguard its rights and interests.