What is the use of patent evaluation report?

Paragraph 2 of Article 61 of the Patent Law stipulates that if a patent infringement dispute involves a patent for utility model or a patent for 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 China National Intellectual Property Administration.

According to the request of the patentee or interested party, China National Intellectual Property Administration searches the relevant utility model patent or design patent, analyzes and evaluates whether the patent meets the authorization conditions stipulated in the Patent Law and its detailed rules for implementation, and makes a patent evaluation report.

The patent evaluation report is the evidence for the people's court or the administrative department for patent affairs to hear and handle patent infringement disputes, and it is mainly used for the people's court or the administrative department for patent affairs to determine whether it is necessary to suspend relevant procedures. The patent evaluation report is not an administrative decision, and the patentee or interested party cannot file an administrative reconsideration or administrative lawsuit.