1, counterfeiting others' patents, if the circumstances are serious, the person directly responsible shall be punished for counterfeiting others' patents by applying mutatis mutandis the provisions of Article 127 of the Criminal Law;
2. Whoever, in violation of the provisions of Article 20 of the Patent Law, applies for a patent from a foreign country without authorization and divulges important state secrets, if the circumstances are serious, shall be punished as the crime of divulging important state secrets in accordance with the provisions of Article 186 of the Criminal Law;
3. If the staff of the Patent Office and the staff of the relevant state practice favoritism and malpractice, and the circumstances are serious enough to constitute a crime, they shall be punished for bending the law for favoritism by applying mutatis mutandis the provisions of Article 188 of the Criminal Law. 2. According to the relevant provisions of the Criminal Procedure Law of People's Republic of China (PRC), the above three kinds of criminal cases are tried by the criminal court of the people's court with jurisdiction. Three. lawsuit
The people's court shall hear all kinds of patent dispute cases in accordance with the procedures stipulated in the Civil Procedure Law (for Trial Implementation) and the Patent Law, but there are two issues that need to be clarified:
1. The Patent Reexamination Board is the defendant in a dispute case about whether to grant the invention patent right, declare the granted invention patent right invalid or maintain the invention patent right; The national patent office is the defendant in the case of compulsory licensing dispute; Disputes over the implementation of compulsory licensing fees, disputes over infringement of patent rights, disputes over the use of inventions, utility models and designs before the grant of patent rights after the publication of patent applications, and lawsuits brought to the people's courts against the ruling or handling decision of the State Patent Office or the patent administration organ shall still be handled by both parties to the dispute as litigants.
2. In the process of patent infringement litigation, if the defendant counterclaims that the patent right is invalid, the people's court accepting the patent infringement litigation shall inform the defendant to handle it in accordance with the provisions of Articles 48 and 49 of the Patent Law. During this period, the court accepting the patent infringement lawsuit may suspend the lawsuit according to Item 4 of Article 118 of the Civil Procedure Law (Trial), and then resume the patent infringement lawsuit after the patent right is valid or invalid. Four, as soon as possible with judicial cadres, play the role of technical experts.
Patent litigation is a close combination of technology and law, with strong professionalism and many foreign-related cases. The high and intermediate people's courts that undertake the task of patent trial shall, according to the actual needs, select an appropriate number of judges with certain trial experience, and pay special attention to appropriately selecting personnel who have studied science and engineering and understand foreign languages to participate in the patent trial, at least to form a collegial panel.
When trying patent cases, people's courts should keep close contact with relevant departments and give full play to the role of experts and scholars in scientific research units and production departments. They can be hired as temporary or long-term technical consultants, invited as technical appraisers, invited as jurors, and directly participate in patent trials.
Patent trial is a new task. The relevant high and intermediate people's courts should organize patent judges to thoroughly study the patent law and other relevant laws and regulations, and pay attention to summing up the trial experience of patent dispute cases through trial practice.