First, patent infringement disputes;
Two, after the publication of the application for a patent for invention or after the announcement of the application for a patent for utility model or design, before the patent right is granted;
Three, the right to apply for a patent dispute and patent ownership dispute;
4. Other patent disputes that can be mediated or handled by the patent administration authorities. Article 6 Infringement disputes shall be mediated by the patent administration authorities in the place where the infringement occurred.
The dispute in the second paragraph of Article 5 shall be mediated by the patent administration authority in the place where the implementation act takes place. Article 7 Disputes over the right to apply for a patent and disputes over the ownership of a patent shall be mediated by the patent administration authority where the requested person is located. Article 8 A patent dispute case over which two or more patent administrative organs have jurisdiction shall be mediated by the patent administrative organ that first received the request for mediation.
Jurisdiction disputes shall be settled by both parties to the dispute through consultation. Article 9 The time limit for requesting mediation of patent infringement disputes is two years, counting from the date when the patentee or interested party knows or should know about the infringement. Article 10 The time limit for requesting mediation of patent disputes stipulated in the second paragraph of Article 5 is two years, counting from the date when the patent right is granted. Article 11 The time limit for requesting mediation of disputes over the right to apply for a patent is two years, counting from the date when the Patent Office announces or announces the patent application. Article 12 To request the patent administrative organ to mediate patent disputes, the following conditions shall be met:
First of all, the claimant must be a unit or individual that has a direct interest in the patent dispute;
Two, there is a clear respondent, there are specific requirements and factual basis;
Three, in accordance with the provisions of these measures;
4. Neither party to the dispute brought a lawsuit to the people's court. Article 13 When requesting the patent administrative organ to mediate a patent dispute, the original request shall be submitted, and copies shall be provided according to the number of the requested persons.
The request shall contain the following contents:
1. The name and address of the petitioner, and the name and position of the legal representative or agent;
2. The name and address of the requested person, and the name and position of the legal representative or agent;
Three. Specific requirements, factual basis and reasons for requesting mediation. Article 14 After receiving the written request, the patent administration organ shall, after examination, find that it meets the acceptance conditions, file a case for acceptance within 7 days; Do not meet the acceptance conditions, it shall notify the applicant within 7 days not to accept, and explain the reasons. Article 15 After accepting the request for patent dispute mediation, the patent administrative organ shall send a copy of the request to the respondent within 10 days. After receiving the written request, the respondent shall submit the written defense and relevant evidence within one month.
If the respondent fails to submit the defense within the time limit, it shall not affect the mediation decision made by the patent administration authority. Chapter III Mediation Article 16 The patent administration organ shall set up a mediation team to mediate patent dispute cases. Article 17 A person who mediates a patent dispute case shall withdraw under any of the following circumstances, and the parties have the right to ask him to withdraw:
1. is a close relative of the parties to this case;
2. Interested in this dispute;
3. Having other relations with the parties to this dispute, which may affect the fair handling of this dispute. Article 18 When mediating a dispute, a patent dispute mediator shall carefully examine the written request, written defense and relevant evidential materials submitted by the parties, and may conduct investigation and verification when necessary.
When investigating and verifying evidential materials, the patent administration organ may consult the files, materials and original documents related to the case from the relevant units or individuals. The relevant units or individuals shall truthfully provide materials to assist in the investigation; A certificate shall be issued when necessary.
For evidence that should be kept confidential, the patent administration authorities and relevant units and individuals have the obligation to keep it confidential. Nineteenth need to entrust other patent management agencies to assist in the investigation and evidence collection, it shall put forward clear project requirements. The entrusted patent administration organ shall handle it carefully and reply in time. Article 20 When mediating a patent dispute, the patent administration organ shall notify the parties to arrive at the mediation place on time. If the applicant refuses to arrive after two formal notices without justifiable reasons, or withdraws it halfway without the permission of the patent administration authority, it shall be deemed as its automatic withdrawal request; If it belongs to the requested party, it shall be handled in the absence of the requested party. Article 21. When mediating a patent dispute, the patent administrative organ shall, on the basis of ascertaining the facts and distinguishing right from wrong, mediate in accordance with the provisions of relevant laws, so as to urge the parties to understand each other and reach an agreement. The contents of the agreement shall not violate the laws of the state, and shall not harm the interests of the state, the collective or others.