Regulation of Patent Protection of Chengdu City

Chapter 3 Administrative Handling of Patent Dispute

    18. The patentee or interested person may request administrative handling to the infringing act of patent implementation without his permission. He can also raise an action directly to the people’s court.

    19. In case of following patent disputes, the interested party may request patent management department above county level for intermediation or apply for arbitration according to arbitration agreement or lodge a complaint directly to the people’s court:
1) Dispute on amount of compensation due to infringement of patent right;
2) Dispute on right to apply for a patent and ownership of patent right;
3) Dispute on qualification of inventor or designer;
4) Dispute on encouragement and reward of inventor and designer;
5) Dispute on improper payment to the invention after announcement of invention patent application but before patent right is awarded.
For the dispute as mentioned in above sub-clause no.5, the patentee shall request for intercession or raise an action after patent right is awarded.
    
     20. Patentee who request patent management department for intercession or handling patent dispute shall comply with following conditions:
1) The suitor shall have direct interest with patent dispute;
2) It is clear of designated defendant and specific matters of patent dispute and factual basis;
3) There is no arbitration agreement between interested parties and no party has raised an action directly to the people’s court;
4) The dispute case belongs to the jurisdiction of patent management department.

     21. The suitor, if requests patent management department for intercession and handling of patent dispute, shall submit application and relevant evidence. Upon receiving application, the patent management department shall within 10 calendar days decide whether put on record for investigation and handling and notify to interested party accordingly. If the information submitted is imperfect, the patent management department may ask the suitor to submit supplementary document within specified time.
    
     22. The patent management department, while carrying out intercession and handling of patent dispute, shall notify to the defendant within 5 calendar days after decision to put on record. Meanwhile, the suitor’s application shall be copied and reply notice sent to the defendant accordingly.
The defendant, after receiving copy of application and reply notice, shall provide statement of defense and relevant evidence within 15 calendar days to the patent management department. Rejection of application copy and reply notice or failure to submit statement of defense will not affect the handling of patent dispute.
If the defendant submitted statement of defense, the patent management department shall send a copy to the suitor within 5 calendar days after receiving such statement of defense.

     23. The patent management department while handling patent dispute, shall notify to the interested parties for attendance in time. Unwarranted failure of the suitor or defendant to attend handling procedure after receiving handling notice, automatic withdrawal of application will be done to the suitor whereas handling at absence could be made to the defendant.

     24. The patent management department while carrying out intercession and handling of patent dispute shall comply with principle in validity of patent right.
After putting on record of a patent dispute, if the defendant reports to the patent examination board that the suitor’s patent right is invalid, he should submit application for termination of intercession and handling procedure to the patent management department. The patent management department shall decide after investigation whether to terminate intercession and handling procedure and notify to the interested parties in writing.

     25. If firmly believes the infringement activity is beyond question, the patent management department while handling infringement of patent dispute shall instruct the infringer to stop infringing act immediately:
      1) Stop fabrication, use, commitment sale, sale and import/export infringed products;
      2) Destroy or dismantle the moulds or special tools used for fabrication of infringe products;
If the interested party is disaffected to the handling decision, he shall raise administrative action according to laws within 15 calendar days after receiving such handling decision. If the party does not raise action but not stop patent infringe, the patent management department may request the people’s court for forcible execution.

     26. The patent management department while handling with patent dispute cases shall prepare handling written decision indicating as follows:
      1) Title or name and address of interested parties;
      2) Fact and reason stated by the interested party;
      3) Reason and evidence basis adopted for determination whether infringement of patent is tenable.
      4) Handling decision: If infringement of patent is tenable, it shall decide in writing to instruct the defendant stopping patent infringement. However, if infringement of patent is false, the patent management department shall reject the suitor’s request.
      5) Means and time limit for raising administrative action while the interested party refuses to accept the handling decision.

     27. The patentee and interested person, for the import/export goods suspected to infringe patent right, may request patent management department, custom, emigration inspection and quarantine department to take necessary actions for patent protection.

     28. The patent management department while handling patent dispute cases, if the interested parties have reached agreement after intercession, shall prepare mediation paper and send to interested parties. If intercession is unsuccessful, the interested parties may raise civil action to people’s court according to laws.