Overview of Patent Litigation

Patent litigation refers to the general name of various lawsuits involving various lawsuits related to patent rights and related rights and interests conducted by parties and other litigation participants in the people's courts. There is a distinction between narrow and broad understanding of patent litigation, and patent litigation in the narrow sense refers to the litigation activities involving the subject matter of the patent right after the patent right has been granted; patent litigation in a broad sense can also include litigation involving the attribution of application rights at the patent application stage, litigation arising from the licensing of the technology applying for a patent, litigation over the identification of the inventor, litigation over whether a patent right can be granted at the examination and approval stage of a patent application, and litigation involving the rights and interests of the patent applicant and related right holders before the patent right is granted.

Classification of Patent Litigation

1. Patent Ownership Litigation

Patent right litigation refers to the litigation involving the ultimate attribution of a patent application right or patent right to which subject, mainly refers to the patent application right attribution litigation and patent right attribution litigation. The patent application right attribution litigation occurs at the patent application stage, and the patent right attribution litigation occurs after the grant of the patent right.

2. Patent infringement litigation

Patent infringement litigation refers to the lawsuit caused by the patentee's illegal infringement of the patent right. They can be patent infringement litigation arising from single patent infringement, or patent infringement litigation arising from other reasons, such as patent enforcement license and patent transfer, counterfeit patent, technology trade or parallel import. But the most encountered is a single patent infringement caused by patent infringement litigation.

3. Patent contract litigation

Patent contract litigation refers to litigation arising from the non-performance or partial performance of a patent license contract or a patent transfer contract. Such proceedings relate to matters that are contractual or legally prescribed rights and obligations. In such litigation, the breach of contract by the parties to the contract is an important cause and cause of litigation, and the patent implementation license contract or assignment contract is an important basis for judging and resolving such litigation. Such proceedings should normally involve a written licensing contract or a written assignment contract between the parties, but also include situations that constitute a de facto patent enforcement license or assignment without a written agreement.

4. Patent administrative litigation

The strict meaning of patent administrative litigation is judicial review litigation cases of patent administrative acts, including: administrative litigation brought by the parties because they are not satisfied with the review decision of the Patent Reexamination Board to maintain the rejection of the patent application or the review decision of the request for invalidation; administrative litigation in which the parties are the defendant because they are not satisfied with the specific administrative acts (including administrative reconsideration decisions) made by the State Intellectual Property Office; an administrative lawsuit filed by a party who refuses to accept the decision of the local intellectual property management department to stop the infringement and the penalty decision on counterfeiting another person's patent or impersonating a patent.

5. Other patent-related litigation

Other patent-related litigation includes litigation arising from the qualification of the inventor or designer, and litigation arising from the unit's non-payment or reward to the inventor or designer in accordance with the law after the service invention-creation has been implemented and economic benefits have been obtained.