Patent dispute

Legal analysis: Patent disputes are about patents. It can be manifested as disputes in the process of patent application and disputes after patent application is approved. The latter dispute is mainly manifested in disputes arising from the exercise, maintenance, transfer and licensing of patent rights. For patent disputes, the parties may request the patent administration authorities to handle them, or bring a lawsuit to the court. Some patent disputes can only be handled by the patent administration authorities according to law, and no lawsuit can be brought to the court.

Legal basis: Several Provisions of the Supreme People's Court on Applicable Legal Issues in the Trial of Patent Dispute Cases Article 1 The people's courts shall accept the following patent dispute cases:

1. patent application right dispute case;

2. Patent ownership dispute cases;

3. Cases of contract disputes over the transfer of patent rights and patent application rights;

4. Cases of patent infringement disputes;

5. Patent dispute cases of counterfeiting others;

6. After the publication of the application for a patent for invention, but before the patent right is granted;

7. Disputes over rewards and remuneration of inventors and designers of service inventions;

8. Apply for stopping infringement and property preservation cases before litigation;

9. Disputes over the qualifications of inventors and designers;

10. Refusing to accept the decision of the Patent Reexamination Board to reject the application for reexamination;

1 1. A case that refuses to accept the decision made by the Patent Reexamination Board on the request for invalidation of the patent right;

12. Cases that are not satisfied with the compulsory licensing decision of the patent administrative department of the State Council;

13. The case that refuses to accept the compulsory license fee award of the patent administrative department of the State Council;

14. Cases that refuse to accept the administrative reconsideration decision of the State Council Patent Administration Department;

15. Cases that are dissatisfied with the administrative decision of the department in charge of patent work;

Other patent dispute cases.