What are the contents protected by the patent right procedure?

The subject of the patent right, the patentee, refers to the person who enjoys the patent right in accordance with the law and assumes corresponding obligations. What are the contents protected by the patent right procedure? The editor of Legal Savior Network has compiled relevant knowledge for you, hoping it will be helpful to you.

What are the contents protected by the patent procedure

Procedural protection of patent rights refers to ensuring that patent rights are more adequate and Conveniently implemented system regarding the specific sequence, methods and procedures for handling patent rights matters. Specifically, the procedural protection of patent rights includes the following two aspects: First, the procedure for obtaining patent rights meets the requirements of procedural justice. The patent right acquisition procedures referred to here are in a broad sense, including patent right review and approval procedures, invalidation procedures and compulsory licensing procedures. Regarding the procedures for obtaining patent rights, most of the current relevant writings only introduce the relevant provisions of the Patent Law from the perspective of annotation law, and rarely explore the rationality of these procedures themselves. Second, the procedures for handling patent disputes meet the requirements of procedural justice.

my country’s current Patent Law provides two solutions Channels for patent disputes:

(1) Administrative channel. For administrative patent disputes and patent disputes of a civil nature that arise in patent examination procedures, invalidation procedures, and compulsory licensing procedures, the parties can resolve them through administrative channels such as administrative review, administrative litigation, and administrative rulings.

(2) Litigation avenues. If a patent applicant is dissatisfied with the reexamination decision of the Patent Reexamination Board, the patentee may file a lawsuit with the People's Court if the patent right has been infringed. DIt is the most prudent, rigorous and final procedure in handling patent cases, and it is also the procedure that can best ensure fairness in the system. The revised Patent Law retains the finality of judicial trials, which is the minimum and most basic guarantee of procedural fairness.

How to improve the procedural protection of patent rights

1. Clearly specify the unity of program selection. For patent infringement disputes, the parties are free to choose between litigation relief and administrative relief, but they can only choose one. If the party chooses both, the authority that first accepts the case will obtain jurisdiction.

2. Establish a specialized agency to take charge of administrative adjudication and improve administrative Relief procedures. Administrative rulings are “quasi-judicial” in form.

In the administrative mediation activities of the patent management agency, patent The management agency plays the role of a notary and referee, similar to a judge. In order for the patent administration agency to decide the case fairly, the specialization of the administrative adjudication agency is a necessary condition. Without specialized agencies, administrative rulings are either mere formalities or it is difficult to ensure that they are correct and reasonable.

Therefore, in order to improve the current administration of patent infringement disputes in our country Relief system Patent management agencies should establish relatively independent institutions within them and improve the procedures for handling civil disputes to ensure the quality of the management agencies' handling of civil disputes. At the same time, legislation should improve the procedures for administrative adjudication of patent infringement disputes, and clearly stipulate the steps, links, sequences, time limits, etc. involved in the acceptance, investigation, review, hearing, debate, and adjudication of patent infringement disputes to ensure the patent protection process. Prompt, fair and cooperativereason.

3. Reform the existing patent infringement handling procedures, Strengthen the coordination between administrative agencies and judicial agencies in handling patent infringement disputes. my country's current "Patent Law" stipulates that: For patent infringement cases over which administrative agencies have jurisdiction, if the parties concerned are dissatisfied with the administrative ruling, they may file an administrative lawsuit in court. Usually administrative litigation only examines the legality of administrative actions. A lawsuit filed by a party because he is dissatisfied with the patent management agency's mediation of a patent dispute involves a dispute over the civil rights and interests of the parties to the dispute, and the court does not have the power to directly handle the civil dispute. If the party appeals after the first instance of the administrative lawsuit, regardless of whether the second instance court determines that the administrative The legitimacy of the agency's ruling still requires the administrative agency to make a new ruling. At this time, the entire dispute resolution process not only deviates from the core of the problem to be solved, but is also cumbersome and lengthy, violating the principle of efficiency.

Since the adjudicatory power exercised by administrative agencies is equivalent to quasi-judicial In order to respect the administrative agency's opinions and reduce the social cost of administrative processing, the relevant dispute handling procedures can be reconstructed, that is: the judicial review of administrative rulings can completely adopt an appeal process, and the administrative agency's ruling can be regarded as If the parties are dissatisfied with the initial trial, they may appeal to a specially established intellectual property court or tribunal. For example, in the UK, the law clearly stipulates that patent infringement cases can be filed in court as civil lawsuits, and they can also apply to the Commissioner of Patents for adjudication of infringement disputes when the conditions clearly stipulated in the law are met. If the parties are dissatisfied with the outcome of the decision by the Commissioner of Patents, they can also file a lawsuit with the Commissioner of Patents. Appeal to the Patent Court. "Under normal circumstances, after an appeal is made against the Director of Patent's decision and the Patent Court re-judges it, the re-judgement may not be appealed to the Patent Appeal Court." This procedure not only helps reduce the burden of litigation on the administrative agency, but also facilitates litigation for the parties. . Based on the current setup of China's judicial institutions, cases related to the protection of patent-related substantive rights, whether civil or administrative, can be centralized and handled comprehensively by specialized or related intellectual property tribunals. This will not only help strengthen the judicial protection of intellectual property rights, but also effectively improve the efficiency of resolving patent infringement disputes; it will not only save the material and manpower of the People's Court, but also reduce litigation procedures and help the parties avoid litigation. In order to better reflect judicial support for administrative handling of civil disputes and the organic connection between litigation mechanisms and non-litigation mechanisms, judicial review of administrative rulings by courts usually only examines legal issues. As for factual issues, they usually respect those with specialized knowledge. determination by the administrative agency, unless the party concerned provides evidence sufficient to overturn the original determination.

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