Patent law on the protection of patent rules

Article 78 of the Patent Law and these rules referred to as the management of patent work, refers to the people's governments of provinces, autonomous regions and municipalities directly under the central government and the people's governments of the cities in the districts with large workloads of patent management and have the ability to deal with the actual management of the patent work department. Article 79 In addition to the provisions of Article 57 of the Patent Law, the department administering patent work may, at the request of the parties concerned, mediate in the following patent disputes: (1) disputes over the right to apply for a patent and the attribution of the patent right; (2) disputes over the qualification of the inventor or designer; (3) disputes over the rewards and remunerations of the inventor or designer for the job-related invention; (4) disputes over the use of the invention without payment of appropriate fees before the grant of the patent after the publication of the invention patent application. (d) Disputes concerning the use of an invention before the grant of the patent right after the publication of the patent application for the invention without payment of appropriate fees. For the disputes listed in item (d) of the preceding paragraph, the patentee's request for mediation by the department administering the patent work shall be made after the patent right has been granted. Article 80 The patent administrative department under the State Council shall provide operational guidance to the department administering patent work in handling and mediating patent disputes. Article 81 of the parties requesting the handling or mediation of patent disputes, by the location of the requested person or infringement of the jurisdiction of the department administering the patent work. Two or more departments administering the patent work have jurisdiction over patent disputes, the parties may make a request to one of the departments administering the patent work; the parties to two or more departments administering the patent work have jurisdiction to make a request, the first accepted by the department administering the patent work jurisdiction. If there is a dispute over the jurisdiction of the department administering the patent work, the department of the people's government administering the patent work at a higher level with which it **** has jurisdiction; if there is no **** department of the people's government administering the patent work at a higher level with which it **** has jurisdiction, the administrative department for patents under the State Council shall designate the jurisdiction. Article 82 In the process of dealing with patent infringement disputes, the person against whom a request for invalidation is made and accepted by the Patent Reexamination Board may request the department administering the patent work to suspend the processing. The department administering the patent work thinks that the reason for suspension put forward by the requested person is obviously untenable, it may not suspend the processing. Article 83 The patentee shall, in accordance with the provisions of Article 15 of the Patent Law, mark the patent mark on its patented product or the package of such product, which shall be marked in the manner prescribed by the patent administrative department under the State Council. Article 84 The following acts are acts of counterfeiting the patents of others: (1) without authorization, marking the patent number of another person on the products manufactured or sold by him or on the package of such products; (2) without authorization, using the patent number of another person in advertisements or other publicity materials, so that the technology involved is mistaken for the patented technology of another person; (3) without authorization, using the patent number of another person in contracts, so that the technology involved in contracts is mistaken for the patented technology of another person; (4) without authorization, using the patent number of another person in contracts, so that the technology involved in contracts is mistaken for the patented technology of another person. (c) using another person's patent number in a contract without authorization, so that people will mistake the technology involved in the contract for another person's patented technology; (d) forging or altering another person's patent certificate, patent document or patent application document. Article 85 The following acts are the acts of passing off non-patented products as patented products and non-patented methods as patented methods: (1) manufacturing or selling non-patented products labeled with a patent mark; (2) continuing to mark the patent mark on the products manufactured or sold after the patent right has been declared invalid; (3) referring to non-patented technology as patented technology in advertisements or other publicity materials; (4) referring to non-patented technology as patented technology in contracts; and (5) using a patented technology as the patent number to make people mistake the technology involved in a contract as patented technology; and (6) falsifying or altering the patent certificate or patent application document of another person. (d) referring to non-patented technology as patented technology in a contract; (e) forging or altering patent certificates, patent documents or patent application documents. Article 86 If the parties involved in a dispute over the right to apply for a patent or the attribution of patent rights have requested the department administering the patent work to deal with the matter or have filed a lawsuit with the people's court, they may request the patent administrative department under the State Council to suspend the relevant procedures. In accordance with the provisions of the preceding paragraph, the request for suspension of the relevant procedures, shall be submitted to the patent administrative department under the state council, and attached to the administration of the patent department or the people's court of the relevant acceptance of a copy of the document. After the decision made by the patent administration department or the judgment made by the people's court has come into effect, the party concerned shall apply to the patent administration department under the State Council for the resumption of the relevant procedures. Within one year from the date of request for suspension, the dispute concerning the right to apply for a patent or the attribution of patent rights has not been concluded, and it is necessary to continue the suspension of the relevant procedures, the applicant shall request an extension of the suspension within the period of time. If no request for extension is made at the expiration of the period, the patent administrative department under the State Council shall resume the relevant procedures on its own. Article 87 The people's court in the trial of civil cases ruled on the patent right to take measures to protect, the patent administrative department under the state council in assisting in the implementation of the patent right to suspend the relevant procedures of the patent right to be protected. The expiration of the preservation period, the people's court did not decide to continue to take preservation measures, the patent administrative department under the state council to resume the relevant procedures.