Patent protection
Article 79 The departments for the administration of patent work mentioned in the Patent Law and these Detailed Rules refer to the departments for the administration of patent work established by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government and the people's governments of cities divided into districts with heavy workload in patent management and strong practical handling capacity.
Article 80 The patent administration department in the State Council shall provide professional guidance to the patent administration department in handling patent infringement disputes, investigating and handling patent counterfeiting and mediating patent disputes.
Article 81 Where a party requests to handle a patent infringement dispute or mediate a patent dispute, it shall be under the jurisdiction of the administrative department for patent work where the respondent is located or where the infringement occurred.
Where more than two departments in charge of patent work have jurisdiction over patent disputes, the parties may make a request to one of the departments in charge of patent work; Where a party makes a request to two or more departments that have jurisdiction over patent work, it shall be under the jurisdiction of the department that accepts it first.
Where the department in charge of patent work disputes the jurisdiction, the department in charge of patent work of the people's government at a higher level shall designate the jurisdiction; Where there is no department for the administration of patent work under the people's government at a higher level, the administrative department for patent in the State Council shall designate the jurisdiction.
Article 82 In the course of handling a patent infringement dispute, if the respondent requests invalidation and is accepted by the Patent Reexamination Board, it may request the administrative department for patent affairs to suspend the handling.
Where the administrative department for patent affairs considers that the reason for suspension put forward by the respondent is obviously untenable, it may not suspend the processing.
Article 83 Where the patentee marks the patent mark on his patented product or the package of the product in accordance with Article 17 of the Patent Law, it shall mark it in the manner prescribed by the patent administration department of the State Council.
Where the patent mark does not conform to the provisions of the preceding paragraph, the administrative department for patent affairs shall order it to make corrections.
Article 84 The following acts are acts of counterfeiting patents as stipulated in Article 63 of the Patent Law:
(1) Marking a patent mark on a product or its packaging that has not been granted a patent right, and continuing to mark the patent mark on the product or its packaging after the patent right is declared invalid or terminated, or marking the patent number of others on the product or its packaging without permission;
(2) selling the products mentioned in item (1);
(3) calling a technology or design that has not been granted a patent right a patented technology or design, calling a patent application a patent, or using another person's patent number without permission, so that the public will mistake the technology or design involved for a patented technology or design;
(4) Forging or altering patent certificates, patent documents or patent application documents;
(five) other acts of confusing people and mistaking a technology or design that has not been granted a patent right for a patented technology or design.
Before the termination of the patent right, the patented product, the product directly obtained according to the patented method or its packaging is marked with a patent mark, and after the termination of the patent right, it is not an act of counterfeiting a patent.
If a product that is not known to be a counterfeit patent is sold, and the legal source of the product can be proved, the department in charge of patent affairs shall order it to stop selling, but it shall be exempted from the penalty of fine.
Article 85 Except as provided for in Article 60 of the Patent Law, the administrative department for patent affairs may, at the request of the parties concerned, mediate the following patent disputes:
(a) the right to apply for a patent and patent disputes;
(2) Disputes over the qualifications of inventors and designers;
(3) Disputes over the rewards and remuneration of the inventor or designer of the service invention-creation;
(4) Disputes over the use of an invention without paying an appropriate fee after the publication of the application for a patent for invention and before the patent right is granted;
(5) Other patent disputes.
Where a party requests the administrative department for patent affairs to mediate the dispute listed in Item (4) of the preceding paragraph, it shall do so after the patent right is granted.
Article 86 Where a party has a dispute over the right to apply for a patent or the ownership of a patent right and requests the administrative department for patent affairs to mediate or bring a suit in a people's court, it may request the patent administration department of the State Council to suspend the relevant procedures.
Anyone who requests to suspend the relevant procedures in accordance with the provisions of the preceding paragraph shall make a request to the patent administration department of the State Council, and attach a copy of the relevant acceptance documents indicating the application number or patent number.
After the conciliation statement made by the patent administration department or the judgment made by the people's court comes into effect, the parties concerned shall go through the formalities for resuming the relevant procedures with the patent administration department of the State Council. If the dispute over the right to apply for a patent or the ownership of the patent has not been resolved within 65,438+0 years from the date of requesting the suspension, and it is necessary to continue to suspend the relevant procedures, the requester shall request an extension of the suspension within this time limit. If no extension is requested at the expiration of the time limit, the patent administration department of the State Council shall resume the relevant procedures on its own.
Article 87 If the people's court decides to take preservation measures for the right to apply for a patent or the patent right in the trial of a civil case, the administrative department for patent in the State Council shall suspend the relevant procedures for the preserved right to apply for a patent or the patent right from the date of receiving the ruling indicating the application number or patent number and the notice of assistance in execution. If the people's court has not decided to continue to take preservation measures after the expiration of the preservation period, the patent administration department in the State Council will resume the relevant procedures on its own.
Article 88 The suspension of relevant procedures by the patent administration department of the State Council in accordance with the provisions of Articles 86 and 87 of these Rules refers to the suspension of the preliminary examination procedure, substantive examination procedure, reexamination procedure, patent grant procedure and patent invalidation procedure; Procedures for waiver, alteration or transfer of patent right or patent application right, procedures for pledge of patent right and suspension of procedures for termination before the expiration of patent right period.