Ownership litigation Patent ownership litigation refers to litigation involving the subject of a patent application right or the ultimate ownership of a patent right, mainly referring to patent application right ownership litigation and patent ownership litigation. The litigation of patent application right ownership takes place in the patent application stage, and the litigation of patent ownership takes place after the patent right is granted. Infringement litigation Patent infringement litigation refers to the litigation caused by the patentee's illegal infringement of patent rights. They can be patent infringement lawsuits caused by a single patent infringement, or they can be patent infringement lawsuits caused by other reasons, such as patent licensing and patent transfer, counterfeit patents, technology trade or parallel imports. But the most common is the patent infringement lawsuit caused by a single patent infringement. Contract Litigation Patent contract litigation refers to litigation caused by failure to perform or partially perform a patent licensing contract or a patent transfer contract. The matters involved in this kind of litigation are the rights and obligations stipulated in the contract or law. In this kind of litigation, the breach of contract by the parties to the contract is an important cause of action and cause of action, and the patent licensing contract or transfer contract is an important basis for judging and solving this kind of litigation. This kind of litigation usually involves a written license contract or a written transfer contract signed by both parties, but it also includes cases that constitute a de facto patent license or patent transfer but are not agreed in writing. Administrative Litigation Strictly speaking, patent administrative litigation is a judicial review litigation case of patent administrative behavior, including: administrative litigation brought by the parties who refuse to accept the reexamination decision made by the Patent Reexamination Board to maintain the examination decision of rejecting the patent application or the request for invalidation; China National Intellectual Property Administration refuses to accept a specific administrative act (including the administrative reconsideration decision) and takes him as the defendant in administrative litigation; An administrative lawsuit filed against the decision of the local intellectual property management department to stop the infringement or the punishment decision made on counterfeiting other people's patents or impersonating patents. Other Litigation Other patent-related litigation includes litigation caused by the qualification of the inventor or designer, and litigation caused by the failure of the unit to give the inventor or designer a certain reward or remuneration according to law after the implementation of the service invention-creation and economic benefits.
Legal objectivity:
Although the patent laws of different countries are different, China and many countries strictly require that inventions used for patent applications must meet three conditions: practicality, novelty and creativity. Novelty: It means that the invention or utility model does not belong to the existing technology, and before the filing date, no unit or individual has filed an application for the same invention or utility model with the patent administration department of the State Council, and it is recorded in the patent application documents published or announced after the filing date. Creativity: Compared with the prior art before the filing date, the invention has outstanding substantive features and remarkable progress, and the utility model has substantive features and progress. Creative judgment pays more attention to the invisibility of technology. Although an invention is novel, it is not necessarily creative. Practicality: refers to the invention or utility model that can be manufactured or used and can produce positive effects. Practical inventions should be able to be manufactured or used, that is, they should be implementable. Legal basis: Article 22 of the Patent Law of People's Republic of China (PRC), the invention and utility model for which a patent is applied shall be novel, creative and practical. Novelty means that the invention or utility model does not belong to the prior art; Before the filing date, no unit or individual filed an application for the same invention or utility model with the administrative department for patent in the State Council, and it was recorded in the patent application documents published or announced after the filing date. Creativity means that compared with the prior art, the invention has outstanding substantive features and remarkable progress, and the utility model has substantive features and progress. Practicality means that the invention or utility model can be manufactured or used and can produce positive effects. The existing technology mentioned in this law refers to the technology known to the public at home and abroad before the date of application.