Where the applicant requests the people's court to preserve the patent right because of a patent infringement dispute case, the people's court shall handle it in accordance with the prescribed procedures.
The Supreme People's Court's "Provisions on the Applicable Law in the Trial of Patent Disputes" points out that when the people's court preserves the patent right, it shall send a notice of assistance in execution to the patent administrative department of the State Council, stating the matters needing assistance in execution and the duration of patent preservation, and attach the ruling of the people's court.
The duration of the patent right shall be counted from the date when the patent administrative department of the State Council receives the notice of assistance in execution, and each time shall not exceed six months. Where it is still necessary to continue to take preservation measures for the patent right, the people's court shall, before the expiration of the preservation period, serve a notice of assistance in execution to the patent administration department in the State Council. If it is not delivered before the expiration of the preservation period, it shall be deemed that the property preservation of the patent right is automatically lifted.
The people's court takes preservation measures for the pledged patent right, and the pledgee's priority right of compensation is not affected by the preservation measures. If an exclusive license contract has been signed between the patentee and the licensee, it will not affect the compensation and preservation of the patent right by the people's court. A patent that has been preserved shall not be preserved repeatedly by the people's court.