Which department to contact for patent disputes?

If a Patent dispute arises, the handling methods are different and the main management department is different: if the parties reach an agreement, they can sign an agreement; if the parties fail to reach an agreement, they can request the patent management department to handle it; if the lawsuit is filed in court, the court at the place of infringement or the defendant The local court has jurisdiction. Regarding the question of which department to contact for patent disputes, the editor of Legal Savior Network will give you a detailed answer below.

1. Which department to contact for patent disputes

1. Where patent disputes arise , the handling methods are different, and the main management departments are also different:

(1) If the parties negotiate on the patent dispute on their own, they can sign an agreement if they reach consensus;

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(2) If the parties fail to reach an agreement through negotiation, they may request the patent management department to handle it;

(3) If a party files a lawsuit in the People's Court, the court at the place of infringement or the court where the defendant is located shall have jurisdiction.

2. Legal basis: Article 65 of the "Patent Law of the People's Republic of China"

2. What are the constituent elements of patent infringement

(1) The object of infringement should be a valid patent that enjoys patent rights in my country. First of all, in view of the regional nature of patent rights, valid patents should generally refer to patents authorized by the State Intellectual Property Office. Secondly, in view of the timeliness of patent rights, only patent rights that have not expired due to payment, invalidation, abandonment, etc. within the specified protection period are valid patents. It should be noted that if a patent right is declared invalid for some reason, the patent right will be regarded as non-existent from the beginning. Therefore, even if someone else has implemented it before, it is not enough to constitute patent infringement.

(2) There are illegal acts. That is, the perpetrator has exploited the patent for profit without the permission of the patentee.

(3) The perpetrator is subjectively at fault. The subjective fault of the infringer includes intentionality and negligence. The so-called intentionality means that the actor knows that his behavior is an act that infringes the patent rights of others and carries out the act.The so-called negligence means that the actor infringes the patent rights of others due to negligence or overconfidence.

(4) It should be for the purpose of production and operation.

According to the provisions of the "Patent Law", if a patent dispute occurs, the main management department will have different handling methods: if the parties reach an agreement, they can sign an agreement; If the parties fail to reach an agreement through negotiation, they may request the patent administration department to handle the matter; if a lawsuit is filed in court, the court at the place of infringement or the court where the defendant is located shall have jurisdiction. I hope the above content can be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior website to consult a professional lawyer.