What are the patent lawsuits?

I. Patent Administrative Litigation According to the different patent administrative organs that have made specific administrative acts, patent administrative litigation cases are divided into three categories: 1, administrative litigation cases with China National Intellectual Property Administration as the defendant; 2. Administrative litigation cases in which the Patent Reexamination Board is the defendant; 3. Administrative litigation cases in which the local intellectual property management department is the defendant. The following two situations can neither bring an administrative lawsuit nor apply for administrative reconsideration. 1. The patent applicant refuses to accept the decision to reject the patent application. If the patent applicant refuses to accept the decision to reject the patent application, he may file a request for reexamination with the Patent Reexamination Board within three months. 2. If any unit or individual thinks that the patent granted by China National Intellectual Property Administration does not conform to the relevant provisions of the Patent Law, it may request the Patent Reexamination Board to declare the patent invalid from the date of the announcement of patent authorization. Two. Patent Infringement Litigation 1, Plaintiff's Agent Preparation 1) Qualification Examination of Client According to Article 57 1 of the Patent Law, only the patentee or interested party can bring a patent infringement lawsuit to the people's court. The patentee refers to an individual, legal person or other civil subject who has obtained the patent right according to law. Stakeholder refers to the person who has an interest in the patent except the patentee when the patent is infringed, that is, the licensee of patent exploitation. The licensee who exclusively implements the licensing contract may file a patent infringement lawsuit separately; The licensee who exclusively implements the licensing contract may independently file a patent infringement lawsuit without being sued by the patentee; Unless otherwise agreed in the license contract, the licensee who generally implements the license contract can only file a patent infringement lawsuit with the plaintiff as * * * together with the patentee. 2) judging the stability of the patent before filing a patent infringement lawsuit with the court, the plaintiff should judge the stability of the patent to see if it may be declared invalid. In addition to analyzing the stability of patent rights relative to the existing technology, it is also necessary to analyze whether there are other fatal defects in patent documents and whether these defects can be overcome in invalid procedures. 3) Collection of evidence of infringement 2. The defendant's agent is going to 1) analyze whether the client's behavior belongs to the scope of patent protection; 2) Judge the stability of the patent right and see if the plaintiff's patent may be declared invalid. 3) Collection of evidence. Patent ownership litigation The focus of dispute in patent ownership litigation generally revolves around the following points: 1. How to determine the scope of duties stipulated in the patent law? It is generally believed that the work that the inventor is clearly responsible for or that the unit is responsible for should be his own work. 2. What are the tasks other than the work delivered by the unit? Do you need any formal requirements for delivery? It is generally believed that the focus of a unit's delivery outside of its own work is delivery, which generally requires a certain form, which can be varied, such as: announcement of the conference, establishment of a project team, meeting decisions and records in the minutes of the meeting, clear tasks, allocation of special funds, earmarking, etc. 3. What are the material and technical conditions for mainly using this unit? Do you need an agreement? Is this usage public or unknown to others? It is generally believed that the material and technical conditions of one's own unit are mainly used, that is to say, the material conditions of the unit used by the invention are indispensable in the process of completing the invention, and the completion of the invention depends on the material and technical conditions of the unit, without which the invention cannot be completed. Inventors mainly use the material and technical conditions of their own units, whether the unit knows it or not, and whether it is issued as a work task or not, as long as there is no agreement in advance, it shall be deemed as mainly using the material and technical conditions of their own units. Four. Patent contract litigation 1, patent transfer contract litigation (omitted) 2. Patent licensing contract litigation (omitted)