Patent management agency handles patent disputes

Chapter I General Provisions Article 1 In order to effectively mediate and handle (hereinafter referred to as mediation) patent disputes and protect the legitimate rights and interests of inventors, patent rights holders and interested parties, according to the "PRC Patent Law" and "PRC Patent The Regulations of the Law and relevant laws and regulations stipulates that these Measures are formulated.

Article 2 The competent administrative department of the State Council and the patent administrative organs set up by the provinces, autonomous regions, and municipalities directly under the Central Government, separately planned cities, open cities, and special people's governments in special economic zones are the functional departments for mediating patent disputes.

Article 3 The patent administrative organ's mediation of patent disputes must be based on facts and take the law as the criterion. When the facts are clarified and the responsibilities are clearly distinguished, the mediation must be focused. If the mediation is invalid, the corresponding decision on the matter should be made promptly.

Article 4 The Patent Management Authority's mediation of patent disputes follows the principle of no-liberation.

The second chapter accepts the fifth patent management organ to mediate the following patent disputes:
First, patent infringement disputes;
2. Disputes relating to the cost of implementing inventions prior to the granting of a patent right after publication of an invention patent application or publication of a utility model or design patent application;
Third, patent application rights disputes and patent ownership disputes;
4. Other patent disputes that may be conciliated or processed by the patent administration authority.

Article 6 Disputes over infringement shall be settled by the patent administrative organ in the place where the infringement occurred.

The disputes in Paragraph 2 of Article 5 shall be settled by the patent administrative organ where the conduct of the act takes place.

Article 7 Disputes over the right to apply for a patent and disputes over ownership of a patent shall be settled by the patent administrative authority at the location of the respondent.

Article 8 Patent dispute cases where both or more patent administrative organs have jurisdiction shall be mediated by the patent administration authority that first received the mediation request.
Where there is a dispute over jurisdiction, the parties to the dispute shall be resolved through consultation.

Article 9 The time limit for requesting the mediation of patent infringement disputes shall be two years, counted from the date the patentee or interested parties knew or should have known of the infringement.

Article 10 The period for requesting the mediation of patent ownership disputes and the disputes set forth in Article 5, paragraph 2, shall be two years from the date of grant of the patent right.

Article 11 The period for requesting the mediation of a dispute over the right to apply for a patent shall be two years, counted from the date of publication or publication of the patent application by the Patent Office.

Article 12 A request for a patent administrative authority to mediate a patent dispute must meet the following conditions:
1. The requester must be a unit or individual who has a direct stake in the patent dispute;
Second, there is a clear claimee, with specific requirements and factual basis;
Third, in line with the provisions of this measure;
4. None of the parties to the dispute had brought a lawsuit in the People's Court.

Article 13 To request a patent administrative authority to mediate a patent dispute, one original copy of the request shall be submitted, and a copy shall be provided according to the number of persons requested.
The request should specify the following:
1. The name or address of the requester, the name and position of the legal representative or agent;
2. The name or address of the person sought, the name and position of the legal representative or agent;
Third, the specific requirements, facts, and reasons for requesting mediation.

Article 14 After receiving the application, the Patent Administrative Agency shall, upon review, believe that the conditions for acceptance are met. The application shall be accepted within 7 days; if it does not meet the conditions for acceptance, it shall notify the requester within 7 days of inadmissibility and explain the reasons.

Article 15 After a patent administrative organ accepts a request for the mediation of a patent dispute, it shall send a copy of the request to the respondent within 10 days. After the respondent receives a copy of the request, he shall submit a statement of defense and related evidence within one month. If the respondent does not submit the defense statement within the time limit, it will not affect the decision made by the patent administration authority to mediate.

Chapter III Mediation Article 16 Patent management agencies shall set up mediation teams to mediate patent dispute cases.

Article 17 If a person who modifies a patent dispute case has one of the following circumstances, he or she shall evade it on his own, and the parties shall also have the right to ask them to evade:
First, the close relatives of the parties to the dispute;
Second, it is of interest to this dispute;
Third, the parties to the dispute have other relationships that may affect the fair handling of this dispute.

Article 18 When mediating disputes, patent dispute officers shall carefully review the request, defense and relevant evidence submitted by the parties, and may conduct investigations and verifications when necessary.
When the patent administration authority investigates and verifies the evidence materials, it may consult the relevant unit or individual about the files, materials and original vouchers related to the case. The relevant unit or individual shall provide the materials truthfully to assist in the investigation; a certificate shall be issued when necessary. Regarding the evidence that should be kept confidential, the patent administrative authorities and related units and individuals have the obligation to keep confidential.

Article 19 When it is necessary to entrust other patent administration agencies to assist in investigation and evidence collection, a clear project requirement shall be submitted. The entrusted patent administration authority should handle it carefully and reply in a timely manner.

Article 20 When a patent administrative agency mediates a patent dispute, it shall notify the parties of the arrival and arrival at the place on time, or refuse to arrive after two formal notices without justified reasons, or if it is withdrawn without the permission of the patent administrative authority, it belongs to the claimant. Automatic withdrawal request processing; belongs to the requested person is handled in its absence.

Article 21 When patent administrative organs mediate patent disputes, they shall, on the basis of ascertaining the facts and distinguishing between right and wrong, conduct mediation in accordance with the provisions of the relevant laws, so that the parties concerned can understand each other and reach an agreement. The contents of the agreement must not violate national laws and must not damage the interests of the state, the collective, or others.

Article 22 If an agreement is reached through mediation by a patent administrative authority, a mediation agreement shall be produced.
The mediation book should specify the following items:
1. The name or address of the claimant, the person sought, the name and position of the legal representative or agent;
Second, the main facts of the dispute and the responsibilities to be assumed;
Third, the contents of the agreement and the cost of mediation.
The conciliation statement is signed or sealed by the parties, and the signatures of the personnel are reassigned and the official seal of the patent management authority is affixed. After the mediation book is served, it has legal effect.

Article 23 If the mediation fails, the patent administration authority shall make a decision in time. The processing decision should state:
1. The name or address of the parties to the dispute, the name and position of the legal representative or agent;
Second, the specific requirements, factual basis and reasons for requesting mediation;
Third, deal with the facts identified and applicable laws;
Fourth, the results of processing and the cost of accommodation;
V. Dissatisfaction with the deadline for the decision to file a lawsuit with the people's court;
The decision letter is signed by the mediation officer and stamped with the seal of the patent administration authority.

Article 24 If the requester or the requested person is dissatisfied with the decision made by the patent administration authority, it shall file a lawsuit in the people's court within three months from the date of receipt of the handling decision. If no lawsuit is filed at the expiration of the time limit, the decision on the processing shall be legally effective; if the parties fail to perform the decision, the relevant unit or individual may request the people’s court to enforce it.
Where changes in the description items need to be made, the relevant entity or individual may, with the effective conciliation statement or the processing decision letter and relevant certification documents, make a change to the patent office to record the matter.

Article 25 If the dispute over the right of application involves the objection procedure of the Patent Office, the patent administrative organ shall send a copy of the decision or a copy of the mediation to the relevant department of the Patent Office for the record within ten days from the date of the decision or the effective date of the mediation.

Chapter IV Supplementary Provisions Article 26 A patent administrative agency may file a case acceptance fee and a case mediation fee for mediation of patent disputes.
The charging standards shall be set by the patent administrative organs in reference to the amount of fees charged by people's courts for the acceptance of similar cases, and shall be made at their own discretion.

Article 27 The appraisal fee, test fee, witness’s compensation for late work leave and vehicle travel expenses shall be borne by the parties.

Article 28 The acceptance fee and the mediation fee for patent dispute cases shall be pre-paid by the requester.
If a patent dispute is settled by mediation, the costs are negotiated and shared by the parties; if the case is settled by processing, the expenses shall be borne by the responsible party; and both parties shall have the responsibility to share the expenses in proportion.

Article 29 The present Measures shall be interpreted by the Chinese Patent Office.

Article 30 These Measures shall take effect on December 4th, 1989.