Administrative Adjudication of Patent Infringement Disputes

05-07-2021

1. Acceptance address

Room 302, Building 1, No. 300, Shibo Village Road, Nanmatou Rd. Sub-district, Pudong New Area, Shanghai

2. Acceptance conditions

(1) The requestor is the patentee or interested party;

(2) There is a clear respondent;

(3) There are clear requests and specific facts and reasons; (4) Within the scope of acceptance and jurisdiction of the patent administrative department;

(5) The party concerned did not file a lawsuit with the People’s Court over the patent infringement dispute.

The interested party mentioned in the first item includes the licensees in the Patent Exploitation License Contract and the legal heirs of the patentee. Among the licensees in the Patent Exploitation License Contract, the licensees under the Exclusive License Contract can make a separate request; the licensees under the Sole License Contract can make a separate request if the patentee does not do so; unless otherwise stipulated in the contract, the licensees under a simple license contract cannot make a separate request.

3. Application materials

1. The subject qualification certificate of the requestor. The individual shall submit the resident ID card or other valid identity certificates, and the unit shall submit the valid business license or copies of other subject qualification certificates and the identity certificate of the legal representative or the principal responsible person;

2. A clear respondent. The respondent has a clear name or designation, and an exact residence or address. If the respondent is a legal person or other organization, relevant materials for querying the subject qualification information of the respondent shall be submitted;

3. Certificate of the validity of the patent right, that is, a copy of the patent register, or the patent certificate and the receipt of the annual patent fee in the current year. Where a patent infringement dispute involves a patent of utility model or design, the patent administrative department can require the requestor to produce a patent right evaluation report (a search report on utility model patent) made by the National Intellectual Property Administration;

4. A written request. The requestor shall provide the original written request and copies of the request in accordance with the number of respondents.

5. A letter of authorization. The requestor can appoint one or two persons as his or her agent, in which case, a letter of authorization signed or sealed by the appointer shall be submitted.

6. Relevant evidence of patent infringement. The requestor shall provide copies of relevant evidence in accordance with the number of respondents.