Patent evaluation report is an authoritative patent quality evaluation issued by the government in China National Intellectual Property Administration. After a utility model or design is granted a patent right, according to the request of the patentee or interested party, it analyzes and evaluates whether the patent meets the authorization conditions stipulated in the Patent Law and its detailed rules for implementation. Patent evaluation report is not an administrative decision, but a form of evidence or certificate. When trying and handling patent infringement disputes, the people's court or the administrative department for patent affairs may decide whether it is necessary to suspend relevant procedures. Generally, when the above-mentioned "program suspension" affairs are involved, a patent evaluation report needs to be submitted. The function of patent evaluation report is not only here. No patent evaluation report is required after authorization. However, because the application for patent for utility model and design can only be authorized through the preliminary examination procedure, the examiner's examination degree is relatively light. Therefore, after a utility model or design is granted a patent right, it does not mean that the patent right is stable (that is, there is no invalidation of the patent law and detailed rules). The further patent evaluation report made by China National Intellectual Property Administration at the request of the patentee or relevant interested parties is equivalent to the further verification of the patentability of the authorized utility model or design patent in China National Intellectual Property Administration (according to the provisions of patent laws and regulations), and it is a further official "evaluative evaluation" of the utility model or design patent with in-depth examination. As a patentee, after being authorized, asking China National Intellectual Property Administration to make a patent evaluation report is a verification of the gold content of his patent, which can be used as valuable evidence for "patent promotion" to prove the patent value. The patent evaluation report made by the patentee in advance is also a necessary data reserve for solving patent infringement in the future.
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Henan Xianfeng trademark office co., ltd