The third of the patent management departments should set up specialized agencies or with full-time staff to handle a patent infringement dispute mediation patent disputes, investigated patent counterfeit and piracy acts.
Cases contractor personnel should hold the State Intellectual Property Office issued the patent administrative enforcement documents. Contractors case officers should be serious business dress.
Article IV have major impact on the patent infringement dispute cases, patent counterfeit and piracy cases, the State Intellectual Property Office may, when necessary, the organization's patent department, investigate.
Patent departments dealing with patent infringement dispute mediation patent disputes, investigated patent counterfeit and piracy acts encountered difficulties, the State Intellectual Property Office should offer guidance.
 
The second chapter of a patent infringement dispute handling
 
The fifth of the patent request the departments dealing with patent infringement dispute, it shall meet the following conditions :
(1) The request is the patentee or interested party;
(2) was a clear request;
(3) a clear request for the specific facts and grounds;
(4) the patent case by the department by the scope and jurisdiction of the case;
(5) The parties do not give a patent infringement dispute to the people's court.
The first alleged stakeholders including patent licensing contracts licensee, the legal successor to the franchise. Patent licensing contracts licensee, exclusive licensing contracts the licensee can separate requests; Exclusive licensing contracts permitted by the franchise in not requesting circumstances, a separate request; In addition to the contract agree otherwise, the ordinary licensing contracts were not permitted can separate request.
The sixth patent request of the departments dealing with patent infringement dispute, it shall submit a request to the franchise and related patent certificate copies, in accordance with the requested number of copies for the request.
When necessary, the patent management departments to the State Intellectual Property Office to verify involving the legal status of the franchise. A patent infringement dispute involving utility model patents, patent work may require the requesting person issued by the State Intellectual Property Office, the search report.
The seventh of the request shall be recorded the following :
(1) request the name or names, addresses, legal representatives, mainly responsible for the name, title, through an agent, the agent's name and the agency's name, address;
(2) request the name or names and addresses;
(3) If the request is a matter of fact and reason.
The evidence and material evidence to be annexed to the request form.
The request should be signed by the requesting person or seal.
The eighth of the request meets the requirements of the Fifth conditions, the patent departments should work in receipt of the request as of the date on file for seven days and inform the requesting person and the appointment of three or more than three singular contractor personnel dealing with the patent infringement dispute; The request does not meet the requirements of the Fifth conditions , the patent management departments should be received at the date of the request for seven days of notification were inadmissible, and state the grounds.
Article 9 of the patent departments should file date seven days to request a copy of the annex by mail, or directly to the other request was served, in its request is received within 15 days after the defense submitted a duplicate. The request was submitted late without the respondent does not affect the work of the patent department for processing.
The request was submitted by the respondent, the patent management departments should be the date of receipt of the seven days of the respondent a copy by mail, or sent directly to other requests were served.
The 10th of the patent department. Patent infringement dispute, the case may need to decide whether to hold oral hearings. The patent department decides to hold an oral hearing, it should be at least in the oral proceedings on the 3rd parties are informed oral proceedings of the time and place. The parties refused to participate without justification, or quit without permission, according to the request to withdraw the request, the request to be dealt with according to absence.
Article 11 of the patent department at the oral proceedings, should participate in the oral proceedings and the points credited to the trial transcripts, correctly, by the staff and contractors cases participants signature or seal.
Article 12 of the Patent Law Article 56, paragraph 1, of the alleged "invention or utility model patent protection with the right as the norm", which means the scope of patent protection should be documented with the right technical characteristics to the extent determined by whichever is also recorded and the technical characteristics with the same the characteristics identified by the context. The same feature is recorded and the technical characteristics with the same basic means of achieving essentially the same functions to attain the same results, as well as belonging to the ordinary technical staff without going through the creative work will be able to think of the characteristics.
In addition to the 13rd of the parties to reach mediation, conciliation agreement or a request for withdrawal request, the patent departments dealing with patent infringement disputes should be making the decision, stated the following :
(1) the name or the party's name, address;
(2) The parties stated the facts and grounds;
(3) whether the violations found the reason and basis;
(4), the establishment of the violations identified, it should be clearly stated that the request was ordered to immediately cease violations of the type and scope of objects; Violations found not established, it should be dismissed at the request of the claimant;
(5) against the decision of the administrative proceedings filed channels and deadlines.
The decision on the case by the contractor should be signed by staff and management impressed with the work of the patent department of seals.
Article 14 of the patent department or People's Court finds the infringement decisions or judgment, for the person on the same franchise again made the same type of violations, patents or interested party requests dealt with the patent work may direct order immediately cease violations of the decision.
 
The third chapter patent dispute mediation
 
Article 15 requests for patent management departments to resolve the patent dispute, the request should be submitted.
The request shall be recorded the following :
(1) request the name or names, addresses, legal representatives or mainly responsible for the person's name, title, through an agent, the agent's name and the agency's name, address;
(2) request the name, address;
(3) Request for mediation and the specific reasons.
A separate request for mediation patent infringement compensation amount, should be submitted to the management of patent work of the department finds violations of the copy of the decision.
The 16th of the patent department received the request for mediation, he should promptly to the request sent through the copy, or directly to the other request was served, in its request is received within 15 days after submission statement.
Article 17 requested to submit their views and agreed to a statement of conciliation, the patent departments should promptly file, and notify the requester who requested mediation at the time and location.
The request was not submitted late representations, statements or opinions book said it could not accept the mediation, the patent departments not to file, and notify the person filing the request.
The 18th of the patent departments to resolve patent disputes can be invited to the unit or individual assistance, to be invited to the unit or individual should assist in mediation.
The 19th of the parties to reach an agreement through conciliation, mediation agreement should be produced, signed by the parties or stamped and submitted to the patent management departments for the record; Failing an agreement, the patent management departments to remove the case closed, and inform the parties.
20 for the right of patent application or patent ownership dispute request mediation, the parties concerned can work with the patent admissibility of a notice of the State Intellectual Property Office requested the suspension of the patent or patent application procedures.
Through conciliation agreement, the parties shall, with the mediation agreement by the State Intellectual Property Office for restoration procedures; No agreement is reached, the parties concerned should hold the patent issuing a notice of revocation case to the State Intellectual Property Office for restoration procedures. The request for suspension of the expiration date, not a request for extension of the stay of the State Intellectual Property Office to resume the procedure.
 
Chapter IV patent counterfeit and piracy of punishment
 
Article 21 of the patent or receive found fake report found impersonating others patents and patent acts, it should be timely, and designated two or more than two cases of contractor personnel to investigate this case.
Article 22 investigation patent counterfeit and piracy acts from occurring to the patent departments.
Patent jurisdiction of the departments of controversy, from the common people's governments at higher levels of patent departments of the designated jurisdiction; No common people's governments at higher levels of patent departments of the State Intellectual Property Office from the designated jurisdiction.
Article 23 of the patent department administrative punishment decision, the parties should be informed of the decision to impose penalties facts, reason and basis, and inform the parties to the rights enjoyed.
The 24th of the parties the right to representation and defense, the patent departments of the parties, the facts, reason and evidence should be verified.
Article 25 investigation, patent counterfeit and piracy acts, formed in patent management departments should work produced penalty decisions, stated the following :
(1) the name or the party's name, address;
(2) identify fake patent act or acts of piracy the evidence, reason and basis;
(3) the content of the punishment discharge;
(4) penalties against the decision means the administrative proceedings and deadlines.
Punishment should be impressed with the decision on the patent of seals.
Article 26 investigation, patent counterfeit and piracy acts are not established, the patent departments to remove the case closed.
 
The fifth chapter of gathering evidence
 
Article 27 in a patent infringement dispute, investigate counterfeiting other patents or patent impersonation acts process, the patent management departments as required under the terms of the evidence collected in the survey.
The 28th of the patent investigators collected evidence inspection and copying with the case of contracts, books and other related documents; Ask the parties and witnesses; Using measurements, take photographs, video and other means inquisition scene. Manufacturing methods for alleged violations of patents, patent work may require investigation for a live demonstration.
The patent investigators collected evidence should be produced transcripts. Transcripts from the case should the contractor, are under investigation unit or individual signatures or seals. The investigation units or individuals who refused to sign or seal, it should be in the transcript.
The 29th of the patent departments of evidence can be collected in the survey sample taken evidence of the way.
The product patent, from the allegedly infringing products were collected as part of samples; Methods involving patents, from the connection with the method of direct access to the products as part of collected samples. Samples are taken from the quantity should be able to prove limited.
The patent departments sample evidence should be produced transcripts, state samples are taken from the name, characteristics and quantity. Transcripts from the contractor cases, the investigation unit or individual signature or seal.
The 30th of the evidence or possible loss after difficult, and could not conduct random evidence of the circumstances, the patent registration departments can be preserved, and the seven days make a decision.
Registered preserve evidence, the investigating unit or individual may destroy or transfer.
The work of patent registration departments should keep the transcript states are registered to preserve evidence of the name, characteristics, quantity and preserve the sites.Transcripts from the case should the contractor, are under investigation unit or individual signature or seal.
Article 31 of the patent investigators gather evidence to verify the evidence, the relevant units or individuals should provide truthful, assist in the investigation.
32 of the patent work entrusted to other departments need to work the patent management departments to assist in the investigation to collect evidence, it should be made clear demands. Entrusted departments should promptly and seriously to assist in the investigation to collect evidence and restored.
 
Chapter VI legal responsibility
 
Article 33 of the patent, identified the establishment of patent violations, the decision is made, it should be ordered to immediately stop infringing the patent, take the following measures to stop violations :
(1) patent infringement manufacture products, and ordered their immediate cessation of manufacturing activities, the destruction of infringing products, manufacturing of specialized equipment, mold, and may not be sold, yet the use of the infringing products sold, or in any other form to put on the market; Moreover it is today, ordered infringement people destruction of the product.
(2) the infringing use of the patented process, ordered to immediately stop using the act, the destruction of the patent appliances, mold, and may not be sold, the use of yet sold in accordance with the method patent a product derived directly or in any other form to put on the market; Moreover difficult to preserve and ordered the destruction of the infringing products.
(3) patent infringement sell products or in accordance with the method of direct access to patented products, and ordered to immediately stop its sales practices and shall not be used have not yet sold the infringing products, or in any other form to put on the market; Yet the infringing products sold difficult to preserve, and ordered the destruction of the infringer products.
(4) the infringer promise to market patented products or in accordance with the method of direct access to patented products, and ordered to immediately stop its promise to market, eliminate, and may not engage in any acts of actual sales.
(5) patent infringement to import products or in accordance with the method of direct access to patented products, and ordered to immediately stop infringing imports; Immigration infringing products, may not be sold, the use of the infringing products, or in any other form to put on the market; Moreover it is today, ordered the destruction of the infringing products; yet immigration infringing products, the decision will be notified of the Customs.
(6) To stop the violations of other necessary measures.
The 34th of the patent work of the department finds the patent infringement decisions, the requested to file administrative litigation, during the proceedings did not stop the implementation of the decision.
Infringing on the patent department found violations of the expiry of the decision not to prosecute does not stop violations of the patent may apply for enforcement of the people's court.
The 35th of the patent counterfeit suspected breaches of the criminal law of the 216th from the patent departments referred to the judicial authorities for criminal prosecution.
Patent forged or altered certificates, allegedly breached the provisions of the Criminal Law of the 280th from the patent departments transferred to judicial organs for criminal prosecution.
The 36th of the patent, identified patent counterfeit, impersonating the patent act, the perpetrator should be ordered to take corrective measures following :
(1) the manufacture, sales of products, product packaging, marking the Patent No. others, or manufacture, sales of franchised labeled generic products, the perpetrator ordered the immediate elimination of the patent and patent markings; Patents and Patent No. labeled with the difficult separation of products, order cancellations acts crash of the product.
(2) in advertisements or other promotional materials to use its patents to others, or in advertising or other promotional material will be known as the generic technology of the patented technology, were ordered to act immediately to stop the publication of the advertisement or stop the dissemination of promotional materials, the removal and have not yet paid the publicity materials.
(3) the use of other people's contract to the issue of the patent, or in the contract will be known as the generic technology of the patented technology, the perpetrator ordered to immediately notify the other party to the contract, to correct the contents of the contract.
(4) forged or altered others patent, patent document or the patent application documents, forged or altered or certificate of patent, patent document or patent application documents, were ordered to act immediately to stop these acts, turning its forged or altered the original patent, patent document or those patent application documents.
(5) other necessary corrective measures.
The 37th of the patent, identified patent counterfeit and piracy acts establishment of punishment decided and should be notice.
Article 38 of the patent, identified patent counterfeit established acts, which could be determined as follows acts of illegal income :
(1) Sales patent counterfeit products to sales price multiplied by the number of sales of products as its illegal income;
(2) to make patent counterfeit contracts, the fees charged to its illegal income.
Article 39 of the patent departments punishment decision, the parties to file administrative litigation, during the proceedings did not stop the implementation of decision.
The 40th of the patent counterfeit and piracy acts of punishment should be received from the date of a written decision within 15 days, to a designated bank to pay the penalty of fines in writing; Due to the non-payment, a daily fine of 3% increase in the amount of a fine.
41 rejected, hindering the work of the patent departments perform their official duties according to law, public security departments under "security administration punishment" to the provisions of punishment; Serious cases constitute a crime, by the judicial authorities for criminal prosecution.
 
Chapter 7.
 
42 of the former China Patent Office and the State Intellectual Property Office issued the regulations are inconsistent with this approach, the approach to prevail.
Article 43 of this approach by the State Intellectual Property Office is responsible for the explanation.
The 44th of this approach since it was announced the date of promulgation.