Article 1 In order to effectively handle patent infringement disputes, mediate patent disputes, investigate and deal with patent counterfeiting, protect patent rights, and maintain and standardize the order of socialist market economy, these Measures are formulated in accordance with the Patent Law of People's Republic of China (PRC), the Detailed Rules for the Implementation of the Patent Law of People's Republic of China (PRC) and other relevant laws and regulations.

Article 2 The administrative department for patent affairs shall handle patent infringement disputes, investigate and deal with patent counterfeiting and patent counterfeiting, take facts as the basis, take the law as the criterion, and follow the principles of fairness and timeliness.

When mediating patent disputes, the administrative department for patent affairs shall, on the basis of finding out the facts and distinguishing right from wrong, urge the parties to understand each other and reach a mediation agreement according to law.

Article 3 The department in charge of patent work shall set up special institutions or be equipped with full-time personnel to handle patent infringement disputes, mediate patent disputes, and investigate and deal with patent counterfeiting and patent impersonation.

The case-handling personnel shall hold the patent administrative law enforcement certificate issued by China National Intellectual Property Administration. Case handlers should dress seriously when performing official duties.

Article 4 China National Intellectual Property Administration may, according to needs, organize relevant patent administrative departments to investigate and deal with cases of patent infringement disputes, cases of counterfeiting other people's patents and cases of counterfeiting patents with great influence.

China National Intellectual Property Administration should guide the patent department to handle patent infringement disputes, mediate patent disputes, and investigate and deal with difficult problems encountered in counterfeiting other people's patents and impersonating patents.

Chapter II Handling of Patent Infringement Disputes

Article 5 To request the patent administrative department to handle patent infringement disputes, it shall meet the following conditions:

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

(2) Having a clear respondent;

(three) there are clear requests and specific facts and reasons;

(four) the scope and jurisdiction of the department in charge of patent work;

(5) The parties concerned have not brought a lawsuit to the people's court on the patent infringement dispute.

The interested parties mentioned in the first paragraph include the licensee of the patent licensing contract and the legal heir of the patent right. Among the licensees of a patent licensing contract, the licensee who exclusively implements the licensing contract may make a separate request; The licensee who exclusively implements the licensing contract may make a separate request without the request of the patentee; Unless otherwise agreed in the contract, the licensee who generally implements the license contract cannot make a separate request.

Article 6 Where a patent administrative department is requested to handle a patent infringement dispute, it shall submit a letter of request and a copy of the patent certificate of the patent right involved, and provide a copy of the letter of request according to the number of respondents.

When necessary, the department in charge of patent work may verify the legal status of the patent right involving China National Intellectual Property Administration. Where a patent infringement dispute involves a patent for utility model, the administrative department for patent affairs may require the claimant to issue a search report made in China National Intellectual Property Administration.

Article 7 The written request shall include the following contents:

(a) the name and address of the claimant, the name and position of the legal representative or principal responsible person, and the names and addresses of the agents and agencies if an agent is entrusted;

(2) The name and address of the requested person;

(three) the matters requested to be handled, as well as the facts and reasons.

Relevant evidence and supporting materials can be submitted in the form of attachments to the request.

The request shall be signed or sealed by the requester.

Article 8 Where the request meets the requirements as stipulated in Article 5 of these Measures, the administrative department for patent affairs shall, within 7 days from the date of receiving the request, file a case and notify the requester, and designate more than 3 singular contractors to handle patent infringement disputes; Where the request does not meet the conditions as stipulated in Article 5 of these Measures, the administrative department for patent affairs shall notify the claimant within 7 days from the date of receiving the request and explain the reasons.

Article 9 The administrative department for patent affairs shall, within 7 days from the date of filing the case, send a copy of the request and its attachments to the respondent by mail, direct delivery or other means, and require him to submit a defense in duplicate within 5 days from the date of receipt. If the respondent fails to submit the defense within the time limit, it will not affect the department in charge of patent work to deal with it.

Where the respondent submits the defense, the administrative department for patent affairs shall, within 7 days from the date of receipt, send a copy of the defense to the requester by mail, direct delivery or other means.

Article 10 When handling patent infringement disputes, the administrative department for patent affairs may decide whether to conduct an oral hearing according to the needs of the case. Where the administrative department for patent affairs decides to hold an oral hearing, it shall notify the parties of the time and place of the oral hearing at least 3 days before the oral hearing is held. If a party refuses to participate without justifiable reasons, or withdraws from court without permission, the requester shall be treated as a request for withdrawal, and the respondent shall be treated as an absence.

Article 11 Where the administrative department for patent affairs holds an oral hearing, the participants in the oral hearing and the main points of the hearing shall be recorded in the record, which shall be signed or sealed by the case-handling personnel and participants after verification.

Article 12 The scope of protection of the patent right for invention or utility model mentioned in the first paragraph of Article 56 of the Patent Law shall be subject to the content of the claim, which means that the scope of protection of the patent right shall be subject to the scope determined by the technical features recorded in the claim, including the scope determined by the features equivalent to the recorded technical features. Equivalent features refer to features that basically achieve the same functions and effects by basically the same means as the recorded technical features, and can be associated by ordinary technicians in the field without creative labor.

Article 13 Unless the parties reach a mediation or conciliation agreement, or the claimant withdraws his request, the administrative department for patent affairs shall make a decision on the settlement of patent infringement disputes, which shall contain the following contents:

(1) The name and address of the party concerned;

(2) The facts and reasons stated by the parties;

(three) the reasons and basis for determining whether the infringement is established;

(4) If the infringement is ruled to be established, the type, object and scope of the infringement ordered by the respondent to stop immediately shall be stated; If it is found that the infringement is not established, the request of the claimant shall be rejected;

(five) the way and time limit for bringing administrative proceedings against the decision.

The written decision shall be signed by the case undertaker and stamped with the official seal of the department in charge of patent work.

Article 14 After the patent administration department or the people's court has made a decision or judgment that the infringement is established, if the respondent commits the same type of infringement on the same patent right again, and the patentee or interested party requests to deal with it, the patent administration department may directly make a decision to order the infringement to stop immediately.

Chapter III Mediation of Patent Disputes

Article 15 Anyone who requests the administrative department for patent to mediate a patent dispute shall submit a written request.

The request shall record the following contents:

(a) the name and address of the claimant, the name and position of the legal representative or principal responsible person, and the names and addresses of the agents and agencies if an agent is entrusted;

(2) The name and address of the requested person;

(three) the specific matters and reasons for the request for mediation.

Where a separate request for mediation of the amount of compensation for patent infringement is made, a copy of the decision made by the relevant administrative department for patent affairs that the infringement is established shall be submitted.

Article 16 After receiving the request for mediation, the administrative department for patent affairs shall promptly send a copy of the request to the respondent by mail, direct delivery or other means, and require him to submit an opinion statement within 5 days from the date of receipt.

Article 17 If the respondent submits an opinion statement and agrees to mediation, the patent administration department shall file a case in time and notify the applicant and the respondent of the time and place of mediation.

If the respondent fails to submit the statement of opinions within the time limit, or indicates in the statement of opinions that it does not accept mediation, the administrative department for patent affairs shall not file a case and notify the requester.

Article 18 The administrative department for patent affairs may invite relevant units or individuals to assist in the mediation of patent disputes, and the invited units or individuals shall assist in the mediation.

Article 19 If the parties reach an agreement through mediation, they shall make a mediation agreement, which shall be signed or sealed by both parties and reported to the patent administration department for the record. If no agreement is reached, the administrative department for patent affairs shall close the case by withdrawing the lawsuit and notify both parties.

Article 20 Where a dispute over the right to apply for a patent or the ownership of a patent requests mediation, the parties concerned may, on the strength of the notification of acceptance by the patent administration department, request China National Intellectual Property Administration to suspend the relevant procedures of the patent application or patent right.

If an agreement is reached through mediation, the parties shall go through the restoration procedures in China National Intellectual Property Administration with the mediation agreement; If no agreement can be reached, the parties concerned shall go through the restoration procedures in China National Intellectual Property Administration with the revocation notice issued by the patent administration department. If no extension of suspension is requested within 1 year from the date of suspension request, China National Intellectual Property Administration will resume relevant procedures on its own.

Chapter IV Counterfeiting Others' Patents and Investigating Counterfeiting Patents

Twenty-first patent management departments found or accepted reports of counterfeiting other people's patents and acts of counterfeiting patents, should be promptly put on file, and designated two or more investigators to investigate and deal with.

Twenty-second investigation and punishment of counterfeiting other people's patents and counterfeiting patents shall be under the jurisdiction of the administrative department for patent work in the place where the act occurred. Where the department in charge of patent work disputes the jurisdiction, the department in charge of patent work of the people's government at a higher level shall designate the jurisdiction; If there is no department in charge of patent work under the people's government at a higher level, the jurisdiction shall be designated by China National Intellectual Property Administration.

Article 23 Before making a decision on administrative punishment, the administrative department for patent affairs shall inform the parties concerned of the facts, reasons and basis for making the decision on punishment, and inform them of their rights according to law.

Article 24 The parties concerned have the right to make statements and arguments, and the administrative department for patent affairs shall verify the facts, reasons and evidence presented by the parties concerned.

Article 25 If the act of counterfeiting another person's patent or impersonating a patent is verified through investigation, the administrative department for patent affairs shall make a penalty decision, which shall contain the following contents:

(1) The name and address of the party concerned;

(two) the evidence, reasons and basis for the establishment of counterfeiting other people's patents or impersonating patents;

(three) the content and the way to perform the punishment;

(four) the way and time limit for bringing an administrative lawsuit against the punishment decision.

The written decision on punishment shall be stamped with the official seal of the department in charge of patent work.

Article 26. If the counterfeiting of another person's patent and the counterfeiting of patent are not established after investigation, the administrative department for patent affairs shall close the case by withdrawing the lawsuit.

Chapter v investigation and evidence collection

Twenty-seventh in the process of handling patent infringement disputes, investigating and dealing with counterfeiting other people's patents or impersonating patents, the administrative department for patent affairs may investigate and collect relevant evidence according to its functions and powers as needed.

Article 28 When investigating and collecting evidence, the administrative department for patent affairs may consult and copy contracts, account books and other relevant materials related to the case; Questioning the parties and witnesses; Conduct on-site inspection by means of measurement, photography and video recording. Where the patent right of a manufacturing method is suspected of being infringed, the administrative department for patent affairs may require the respondent to give a live demonstration.

When investigating and collecting evidence, the department in charge of patent work shall make a written record. The record shall be signed or sealed by the case-handling personnel, the unit or individual under investigation. If the unit or individual under investigation refuses to sign or seal, it shall be indicated in the record.

Article 29 The administrative department for patent work may collect evidence by sampling.

Where a product patent is involved, a part of the suspected infringing product may be taken as a sample; Where a method patent is involved, a part of the product suspected of being directly obtained according to this method may be taken as a sample. The number of samples should be limited to the facts it can prove.

The department in charge of patent work shall make sampling evidence collection records, indicating the name, characteristics and quantity of the samples taken. The record shall be signed or sealed by the case-handling personnel, the unit or individual under investigation.

Article 30 In case the evidence may be lost or difficult to obtain later, if the evidence cannot be collected by sampling, the administrative department for patent affairs may register and keep it, and make a decision on handling it within 7 days.

The unit or individual under investigation shall not destroy or transfer the evidence registered and preserved.

The administrative department for patent affairs shall make a record of registration and preservation, indicating the name, characteristics, quantity and storage place of the evidence registered and preserved. The record shall be signed or sealed by the case-handling personnel, the unit or individual under investigation.

Article 31 When the administrative department for patent affairs investigates and verifies evidence materials, the relevant units or individuals shall truthfully provide and assist in the investigation.

Article 32 Where the administrative department for patent affairs needs to entrust other administrative departments for patent affairs to assist in the investigation and collection of evidence, it shall make a clear request. The entrusted department shall promptly and seriously assist in the investigation and evidence collection, and reply as soon as possible.

Chapter VI Legal Liability

Article 33 Where the administrative department for patent affairs finds that the patent infringement is established and makes a decision on handling it, it shall order the infringer to stop the infringement immediately and take the following measures to stop the infringement:

(1) Where the infringer manufactures a patented product, he shall be ordered to immediately stop manufacturing and destroy the special equipment and molds for manufacturing the infringing product, and shall not sell or use the infringing product that has not been sold or put it on the market in any other form; If the infringing product is difficult to preserve, the infringer shall be ordered to destroy the product.

(2) Where the infringer uses the patented method, he shall be ordered to immediately stop using it, destroy the special equipment and molds for implementing the patented method, and shall not sell or use the unsold products directly obtained according to the patented method or put them on the market in any other form; If the infringing product is difficult to preserve, the infringer shall be ordered to destroy the product.

(3) If the infringer sells the patented product or directly obtains the product according to the patented method, he shall be ordered to stop the sale immediately, and shall not use the infringing product that has not been sold or put it on the market in any other form; If unsold infringing products are difficult to preserve, the infringer shall be ordered to destroy the products.

(4) If the infringer promises to sell the patented product or directly obtains the product according to the patented method, he shall be ordered to immediately stop the promised sales behavior and eliminate the influence, and shall not engage in any actual sales behavior.

(5) If the infringer imports a patented product or directly obtains the product according to the patented method, the infringer shall be ordered to stop importing immediately; Infringed products that have entered the country shall not be sold, used or put on the market in any other form; If the infringing product is difficult to preserve, the infringer shall be ordered to destroy the product; If the infringing product has not yet entered the country, it may notify the relevant customs of the decision.

(six) other necessary measures to stop the infringement.

Article 34 After the administrative department for patent affairs has made a decision that patent infringement is established, if the respondent brings an administrative lawsuit to the people's court, the execution of the decision shall not be stopped during the lawsuit.

If the infringer refuses to prosecute or stop the infringement after the expiration of the decision made by the patent administration department that the infringement is established, the patent administration department may apply to the people's court for compulsory execution.

Article 35 Anyone who counterfeits another person's patent and is suspected of violating Article 216 of the Criminal Law shall be transferred by the patent administration department to judicial organs for criminal responsibility according to law.

Anyone who forges or alters a patent certificate and is suspected of violating the provisions of Article 280 of the Criminal Law shall be transferred to judicial organs for criminal responsibility by the department in charge of patent work.

Article 36 Where the administrative department for patent affairs finds that counterfeiting others' patents or impersonating patents is established, it shall order the actor to take the following corrective measures:

(a) in the manufacture and sale of products, product packaging marked with the patent number of others, or manufacture and sale of patented non-patented products, ordered the actor to immediately eliminate the patent mark and patent number; If it is difficult to separate the patent mark and patent number from the product, the actor shall be ordered to destroy the product.

(2) Where another person's patent number is used in an advertisement or other promotional materials, or non-patented technology is called patented technology in an advertisement or other promotional materials, the actor shall be ordered to immediately stop publishing the advertisement or stop distributing the promotional materials, eliminate the influence, and hand over the promotional materials that have not yet been issued.

(3) Where the patent number of another person is used in the contract, or the non-patented technology is called patented technology in the contract, the actor shall be ordered to immediately notify the other party of the contract and correct the relevant contents of the contract.

(4) Whoever forges or alters another person's patent certificate, patent document or patent application document, or forges or alters a patent certificate, patent document or patent application document, shall be ordered to immediately stop the above acts and hand over the forged or altered patent certificate, patent document or patent application document.

(5) Other necessary corrective measures.

Article 37 If the administrative department for patent affairs finds that counterfeiting other people's patents or impersonating patents is established and makes a decision on punishment, it shall make an announcement.

Article 38 Where the administrative department for patent affairs finds that the act of counterfeiting another person's patent is established, it may determine the illegal income of the actor in the following ways:

(a) selling fake and shoddy products, the product sales price multiplied by the number of products sold as its illegal income;

(2) Where a patent contract is entered into to impersonate another person, the fees collected shall be regarded as illegal income.

Article 39 If a party brings an administrative lawsuit to a people's court after the patent administration department has made a decision on punishment, the execution of the decision on punishment shall not be stopped during the lawsuit.

Article 40 An actor who impersonates another person's patent or impersonates a patent shall pay the fine specified in the penalty decision at the designated bank within 15 days from the date of receiving the penalty decision; If it is not paid at the due date, a late fee of 3% of the fine amount will be added daily.

Article 41 Whoever refuses or obstructs the patent administration department from performing official duties according to law shall be punished by the public security department in accordance with the regulations on administrative penalties for public security; If the circumstances are serious enough to constitute a crime, criminal responsibility shall be investigated by judicial organs according to law.

Chapter VII Supplementary Provisions

Article 42 Where the rules issued by the former China Patent Office and China National Intellectual Property Administration are inconsistent with these Measures, these Measures shall prevail.

Article 43 China National Intellectual Property Administration shall be responsible for the interpretation of these Measures.

Article 44 These Measures shall come into force as of the date of promulgation.