How to preserve property in patent disputes
According to Article 13 of the Provisions of the Supreme People's Court on the Applicable Law in the Trial of Patent Dispute Cases, the people's court shall issue a notice of assistance in execution to the patent administrative department of the State Council, stating the matters needing assistance in execution and the patent preservation period, and attach a ruling of the people's court. The term of protection of the patent right shall not exceed six months from the date when the administrative department for patent in the State Council receives the notice of assistance in execution. Where the patent right still needs to be preserved, the people's court shall serve a notice of assistance in execution to the patent administration department of the State Council before the expiration of the preservation period. If it is not delivered before the expiration of the preservation period, the property preservation of the patent right shall be deemed to be automatically terminated. The people's court may take property preservation measures, and the priority of the pledgee is not affected by the preservation measures; The exclusive licensing contract signed by the patentee and the licensee shall not affect the preservation of the patent right by the people's court. The people's court shall not repeat the preservation.