How to resolve patent ownership disputes and how to deal with patent ownership disputes

Sue in court for infringement.

When the parties resolve the dispute over the ownership of a patent application, there are usually three ways to resolve it:

1. Negotiate and settle by yourself.

Self-negotiation should be the preferred method for the parties, which has the following advantages: the parties negotiate on their own, which can reduce the probability of intensifying conflicts and resolve disputes at the lowest cost; It can appropriately reduce the human and financial resources invested by the parties to resolve the dispute; Negotiated settlement may be the most efficient way to resolve the issue.

2. Request mediation from the department in charge of patent work.

If the parties are unwilling to negotiate or the negotiation team cannot be prepared, they may also request mediation from the department in charge of patent work.

1) The name and address of the requester, the name and position of the legal representative or the main person in charge, the name of the entrusting person, the name of the person and the name and address of the organization;

2) The name and address of the respondent;

3) The specific matters and reasons for requesting mediation.

After receiving the request for mediation, the department in charge of patent affairs will promptly send a copy of the request to the respondent by mail, direct delivery or other means, and require the respondent to submit a statement of opinion within 15 days from the date of receipt. If the respondent submits a statement of opinion and agrees to mediation, the department in charge of patent affairs will promptly file the case and notify the requester and the respondent of the time and place of mediation. If the respondent fails to submit a statement of opinion within the time limit, or indicates in the statement of opinion that it does not accept mediation, the department in charge of patent affairs shall not file the case and notify the requester.

If a party requests mediation due to a dispute over the ownership of the right to apply for a patent, it may request the State Intellectual Property Office to suspend the relevant procedures of the patent application with a notice of acceptance from the department in charge of patent affairs.

If an agreement is reached through mediation, the parties shall go through the restoration formalities with the State Intellectual Property Office with the mediation agreement; If no agreement can be reached, the parties shall go through the restoration formalities with the State Intellectual Property Office with the notice of revocation issued by the department in charge of patent affairs. If no extension of the suspension is requested within one year from the date of the request for suspension, the State Intellectual Property Office shall resume the relevant procedures on its own.

3. File a lawsuit with the people's court.

In addition to self-negotiation and mediation, the patent applicant or interested party may file a lawsuit with the people's court. Prosecution should pay attention to the following:

1) Litigation shall be filed with the Intermediate People's Court where the people's ** of the province, autonomous region, or municipality directly under the Central Government is located, and the court with jurisdiction designated by the Supreme People's Court.

2) The statute of limitations for litigation of disputes over patent application rights is two years from the date on which the right holder knew or should have known about it. It is generally believed that the date of publication of an application for a patent for invention is deemed to be the date on which the parties should know.

3) Sufficient evidence should be prepared.