Citizens, legal persons or other organizations warned by the patentee or interested parties that their patent rights have been infringed may request the Municipal Intellectual Property Office to confirm that their actions do not infringe the patent rights.
The interested parties mentioned in this paper include the licensee of the patent licensing contract and the legal heir of the patent right. In patent infringement disputes, the licensee who exclusively implements the licensing contract may make a separate request; If the patentee fails to make a request, the licensee who exclusively implements the licensing contract may make a request separately. Article 6 A request for handling a patent infringement dispute shall meet the following conditions:
(1) The claimant is the patentee or interested party;
(2) Having a clear respondent;
(3) Having specific requests, facts and reasons;
(4) The domicile of the respondent or the place of infringement is within the administrative area of this Municipality;
(5) Neither party has brought a lawsuit to the people's court for this dispute. Article 7 The following conditions shall be met when requesting to handle a dispute over the confirmation of non-infringement of patent rights:
(1) The claimant is a citizen, legal person or other organization that has been warned of infringement;
(2) Having a clear respondent;
(three) there are specific requests and facts, reasons and warning evidence;
(4) The domicile of the respondent or the warning place of infringement of the claimant is within the administrative area of this Municipality;
(5) Neither party has brought a lawsuit to the people's court for this dispute. Article 8 The infringing places mentioned in Item (4) of Article 6 and Item (4) of Article 7 of these Measures include: the manufacturing, use, supply and marketing, sales and import and export places of products accused of infringing the patent right of inventions and utility models; The place where the patented method is used, the place where the product directly obtained according to the patented method is used, the place where it is promised to be sold, the place where it is sold, and the place where it is imported and exported; A place for the manufacture, sale, import and export of patented products for design. The place where the infringement result of the above-mentioned infringement occurs. Article 9 When a claimant requests to handle a patent infringement dispute, he shall submit the identity certificate, the written request and relevant evidence, and submit the written request and copies of the evidence according to the number of respondents.
Where a request is made to handle a dispute that is confirmed not to infringe the patent right, the requester shall submit the identity certificate, the request, the text of the patent authorization announcement, the evidence that the patentee or interested party warned him of patent infringement, the product or method that was warned of patent infringement, etc. , and submit a copy of the request and evidence according to the number of respondents.
The claimant shall classify and number the evidence materials submitted by him one by one, briefly explain the source, object and content of the evidence materials, sign or seal them, and indicate the date of submission. Article 10 The written request shall include the following contents:
(a) the name, sex, age, nationality, occupation and domicile of the parties, the name and domicile of the legal person or other organization, and the name and position of the legal representative or principal responsible person;
(two) the specific request and the facts and reasons on which it is based;
(3) The signature or seal of the claimant. Article 11 The Municipal Intellectual Property Office shall, within seven days from the date of receiving the request and relevant evidence, decide whether to accept it or not, and notify the requester in writing. If the materials submitted by the claimant are incomplete, the Municipal Intellectual Property Office may require the claimant to complete them within a specified time limit. Twelfth parties may entrust one or two agents to participate in the handling of patent infringement disputes. If a party entrusts an agent, it shall submit a power of attorney stating the entrusted matters and authority. Chapter III Handling Article 13 If the Municipal Intellectual Property Office decides to file a case for acceptance, it shall send a copy of the request to the respondent within five days from the date of filing the case. The respondent shall submit the defense within 15 days from the date of receiving the copy of the request. If the respondent fails to submit the defense within the time limit, it will not affect the handling of the case by the Municipal Intellectual Property Office. Fourteenth to deal with patent infringement disputes, a collegiate bench shall be formed, and the members of the collegiate bench shall be composed of personnel with administrative law enforcement qualifications, corresponding professional knowledge and familiarity with relevant laws. Fifteenth members of the collegial panel dealing with patent infringement disputes shall take the initiative to ask for withdrawal in any of the following circumstances, and the parties may also apply for withdrawal:
(1) Being a party to the case or a close relative of a party or agent;
(2) Having an interest in the case;
(3) Having other relations with the parties to the case, which may affect the fair handling of the case.
The provisions of the preceding paragraph shall apply to reporters, translators, appraisers and investigators of cases.