The interested parties who apply include the licensee of the patent licensing contract and the legal heir of the patent property right. Among the licensees of a patent licensing contract, the licensee who exclusively implements the licensing contract may apply to the people's court separately; If the patentee does not apply, the licensee who exclusively implements the licensing contract may apply. Article 2 An application for ordering to stop patent infringement before litigation shall be submitted to the people's court with jurisdiction over patent infringement cases. Article 3 When applying to the people's court, the patentee or interested party shall submit a written application; The application shall specify the parties and their basic information, the specific content, scope and reasons of the application. The reasons for the application include specifying that the legitimate rights and interests of the applicant will be irretrievably damaged if the relevant acts are not stopped in time. Article 4 When making an application, an applicant shall submit the following evidence:
(a) the patentee shall submit documents to prove the authenticity and validity of his patent right, including patent certificate, patent claim, specification and patent annual fee payment certificate. Where the application involves a patent for utility model, the applicant shall submit a search report issued by the patent administration department of the State Council.
(2) The interested party shall provide the patent licensing contract and the relevant certification materials filed with the patent administration department in the State Council. If it has not been filed, it shall submit the certificate of the patentee or other evidence to prove its rights.
If the licensee who exclusively implements the licensing contract applies separately, it shall submit the certification materials that the patentee gives up the application.
The heir to the patent right shall submit the evidence materials that have been inherited or are being inherited.
(3) Submit evidence to prove that the respondent is carrying out or will soon carry out the act of infringing its patent right, including the accused infringing product and the comparative materials on the technical characteristics of the patented technology and the accused infringing product, etc. Article 5 The matters decided by the people's court to stop patent infringement before litigation shall be limited to the application scope of the patentee or interested party. Article 6 An applicant shall provide a guarantee when filing an application. If the applicant cannot provide a guarantee, the application shall be rejected.
The people's court shall allow the parties to provide reasonable and effective guarantees by means of guarantee or mortgage.
When determining the scope of guarantee, the people's court shall consider ordering to stop the sales revenue of the products involved in the relevant acts, as well as reasonable storage expenses; The losses that may be caused by the respondent's cessation of relevant acts, as well as reasonable expenses such as personnel salaries; Other factors. Article 7 In the process of executing the ruling to stop the relevant acts, if the respondent may cause greater losses due to this measure, the people's court may order the applicant to add corresponding guarantees. If the applicant fails to provide additional guarantee, the relevant suspension measures shall be lifted. Article 8 The measures ordered to stop the infringement of patent rights shall not be lifted due to the counter-guarantee of the respondent. Article 9 The people's court shall make a written ruling within 48 hours after accepting the application of the patentee or interested party to stop the patent infringement, and if it meets Article 4 of these Provisions after examination; If the ruling orders the respondent to stop infringing the patent right, it shall be executed immediately.
If the people's court needs to verify the relevant facts within the above-mentioned time limit, it may summon one or both parties to make an inquiry, and then make a ruling in time.
If the people's court orders the respondent to stop the relevant behavior before the prosecution, it shall notify the respondent in time, no later than five days. Article 10 If a party refuses to accept the award, it may apply for reconsideration once within 10 days from the date of receiving the award. The execution of the award shall not be suspended during the reconsideration period. Article 11 The people's court shall examine the parties' applications for reconsideration from the following aspects:
(a) whether the behavior that the respondent is implementing or about to implement constitutes patent infringement;
(two) whether the failure to take relevant measures will cause irreparable damage to the legitimate rights and interests of the applicant;
(3) The guarantee provided by the applicant;
(four) whether it is harmful to the public interest to order the respondent to stop the relevant acts. Article 12 If the patentee or interested party fails to bring a suit within 15 days after the people's court takes measures to stop the relevant acts, the people's court shall revoke the measures ordered. Article 13 If the applicant fails to file a lawsuit or the application is wrong, thus causing losses to the respondent, the respondent may bring a lawsuit to the people's court with jurisdiction, demanding compensation from the applicant, or claim compensation from the patent infringement lawsuit filed by the patentee or interested party, and the people's court may handle it together. Article 14 The effectiveness of an order to stop the infringement of patent rights shall generally be maintained until the final legal document takes effect. The people's court may also determine the specific time limit according to the circumstances of the case; At the expiration of the time limit, the relevant acts may still be stopped at the request of the parties. Fifteenth the respondent in violation of the people's court ordered to stop the relevant acts, in accordance with the provisions of Article 102nd of the Civil Procedure Law. Article 16 When implementing measures to stop patent infringement before litigation, the people's court may refer to the provisions of Article 74 of the Civil Procedure Law at the request of the parties concerned, and at the same time preserve the evidence.
The people's court may, at the request of the parties, preserve property in accordance with the provisions of Articles 92 and 93 of the Civil Procedure Law.