How do courts protect patent rights?
As an intangible property, patent right can be the object of property preservation in people's courts. When the people's court carries out property preservation of the patent right, it shall serve a notice of assistance in execution to China National Intellectual Property Administration, stating the matters needing assistance in execution and the time limit for property preservation of the patent right, and attach the ruling of the people's court. Two, the pledged patent right can also take property preservation measures, but the pledgee has the priority to be compensated. As for the exclusive license contract signed between the patentee and the licensee, it does not affect the patentee's right status, and property preservation can also be adopted. Article 12 of the Measures for the Registration of Patent Pledge? If the application for registration of patent pledge is approved after examination, China National Intellectual Property Administration shall register it in the patent register and send the Notice of Registration of Patent Pledge to the parties. The pledge was established when it was registered in China National Intellectual Property Administration. Upon examination, it is found that in any of the following circumstances, China National Intellectual Property Administration made a decision not to register, and issued a notice not to register the pledge of patent rights to the parties: (1) The pledgor is inconsistent with the patentee recorded in the patent register; (2) The patent right is terminated or declared invalid; (3) The patent application has not been granted a patent right; (4) The patent right is in the late payment period of the annual fee; (5) The patent right is declared invalid; (6) The patent pledge procedure is suspended due to the dispute over the ownership of the patent right or the people's court ruling to take preservation measures for the patent right; (seven) the time limit for the debtor to perform the debt exceeds the validity period of the patent right; (eight) when the pledgee fails to pay off the debt at the expiration of the pledge contract, the patent right belongs to the pledgee; (nine) the pledge contract does not conform to the provisions of article ninth of these measures; (10) Pledge with * * * patent right, but without the consent of * * * owner; (eleven) the patent right has applied for pledge registration and is in the pledge period; (twelve) other circumstances that should not be registered.