When handling patent disputes, the patent administration organ shall abide by the provisions of relevant laws, regulations and rules and these Measures. Article 3 Citizens, legal persons or other organizations may request the patent administration authorities to handle the following disputes:
Patent infringement disputes;
(2) Disputes over patent application rights;
(3) Disputes over patent ownership;
(four) after the publication of the application for a patent for invention, the dispute over the cost of using the invention before the patent right is granted;
(five) the dispute between the inventor or designer and his unit on whether his invention belongs to service invention-creation or whether to apply for a patent for service invention-creation;
(six) the dispute between the owner or holder of the patent right and the inventor or designer of the service invention-creation on the payment of bonuses or remuneration according to law;
(seven) other patent disputes that can be handled by the patent administration organ. Article 4 The time limit for requesting the patent administration authorities to handle patent disputes is two years, and the specific starting date shall be handled in accordance with the following provisions:
(1) A patent infringement dispute shall be counted from the date when the patentee or interested party knows or should know that the infringement occurred;
(2) Disputes over the right to apply for a patent shall be counted from the date when the Chinese Patent Office publishes the patent application;
(three) after the publication of the application for a patent for invention, the dispute over the ownership of the patent and the dispute over the use of the invention before the grant of the patent right shall be counted from the date of the grant of the patent right;
(4) The time when a dispute arises between the inventor or designer and the unit to which he belongs with respect to the service invention-creation shall be counted from the date when the invention-creation is completed;
(5) If there is a dispute between the inventor or designer and his unit on whether to apply for a patent for his service invention-creation, it shall be counted from the date when the invention-creation is recognized as a service invention-creation;
(6) If there is a dispute between the patentee or holder and the inventor or designer of the service invention-creation, it shall be counted from the date when the patent right is authorized;
(7) Any dispute over remuneration between the owner or holder of the patent right and the inventor or designer of the service invention-creation shall be counted from the date when the patent exploitation generates benefits. Article 5 The patent dispute cases listed in Article 3 of these Measures shall be handled in accordance with the following provisions:
(1) The dispute referred to in Item (1) shall be under the jurisdiction of the patent administration authority in the place where the infringement occurred;
(2) The dispute referred to in Item (4) shall be under the jurisdiction of the patent administration authority in the place where the invention is implemented;
(3) The disputes referred to in items (2), (3), (5), (6) and (7) shall be under the jurisdiction of the patent administration authority where the respondent is located. Article 6 The patent administrative organ shall form a collegial panel to handle patent disputes. The number of collegiate bench members must be an odd number of more than 3.
In deliberating cases, the collegial panel shall follow the principle that the minority is subordinate to the majority. A written record of the deliberation shall be made and signed by the members of the collegial panel. Different opinions in the appraisal shall be truthfully recorded in the record. Article 7 If the parties think that the members of the collegial panel have an interest in the case or have other relations that may affect the fair handling, they have the right to apply for the withdrawal of the members of the collegial panel.
If a member of the collegial panel thinks that he has an interest or other relationship with the case, he shall apply for withdrawal.
The withdrawal of members of the collegiate bench group shall be decided by the principal responsible person of this organ. Article 8 Where a third party considers that it has an independent claim to the disputed object of a patent dispute, it has the right to request the patent administration authorities to handle it in accordance with the provisions of these Measures. Although a third party has no independent claim, but has a legal interest in the outcome of the case, it may request to participate in the dispute settlement, or be notified by the patent administration authority to participate in the settlement. Article 9 A party may entrust 1 to 2 persons as agents to participate in the activities of the patent administration authorities in handling patent disputes. Article 10 The patent administration authorities have the right to investigate and collect evidence from relevant units and individuals, and the relevant units and individuals may not refuse.
When investigating and collecting evidence of infringement, the patent administration organ may extract samples related to infringement. Article 11 When handling patent disputes, the administrative department for patent affairs shall, on the basis of clear facts, distinguish right from wrong and conduct mediation on the basis of the principle of voluntary participation of the parties.
If an agreement is reached through mediation, the patent administration organ shall make a mediation document. Before the conciliation statement is served, if the conciliation fails to reach an agreement or one party goes back on its word, the patent administration organ shall make a decision in time. Article 12 If a party brings a suit in a people's court and the people's court has accepted it, it may not request the patent administration authority to handle it. Article 13 To request the patent administrative organ to handle patent disputes, the following conditions shall be met:
(a) the claimant is a citizen, legal person or other organization that has a direct interest in the patent dispute;
(2) Having a clear respondent;
(3) There are specific handling requests, facts and reasons;
(4) It falls within the scope of acceptance as stipulated in Article 3 of these Measures and is under the jurisdiction of the requesting patent administration authority.