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Patent Litigation

Overview of Patent Litigation

 

Patent litigation is a generic term of various proceedings that the parties and other participants are in the proceedings related to patent rights and other relevant rights in people’s court. Patent litigation has a narrow sense, which refers to litigation activity relating to patent right after grant; and a broad sense, which also includes litigation about application right ownership, litigation caused by license of patent technology, litigation about inventor identity in patent application stage, and litigation about patent right grant, and litigation about rights and interests of patent applicant and relevant oblige before patent right grant and so on. 

 

Classification of Patent Litigation

 

       1.    Patent Ownership Litigation

 

Patent ownership litigation mainly refers to patent application rights ownership litigation and patent rights litigation. Patent application rights ownership litigation is in patent application stage and patent rights litigation is after grant of patent.

 

2.    Patent Infringement Litigation

 

Patent infringement litigation refers to litigation caused by that patent right is illegally infringed, it can be caused by single patent infringement or combined with other reasons, such as patent exploitation and license, patent right transfer, patent imitation, technology trade or parallel import, of which single patent infringement is the most.

 

3.    Patent Contract Litigation

 

Patent contract litigation refers to litigation caused by nonperformance or part performance of patent license contract or patent transfer contract. This kind of litigation relates to rights and obligations stipulated by contract or laws. In this kind of litigation, nonperformance of contracting parties is the main reason to cause a litigation, and patent license contract or patent transfer contract is the important basis to judge and solve the litigation. This kind of litigation generally involves written license contract or written transfer contract signed by both parties, but also includes the factual patent exploitation and license without written agreement.

 

4. Patent Administrative Litigation

 

Patent administrative litigation refers to judicial review lawsuit of patent administrative act, including administrative litigation that against the reexamination decision on maintenance of patent objection or decision on announcement of invalidation of Patent Re-examination Board, administrative litigation that against State Intellectual Property Office’s administrative act (including administrative reconsideration decision), administrative litigation that against Local Intellectual Property Office’s decision on stopping infringement act and penalty decision on counterfeiting others’ patent or imitating others’ patent.

 

5. Other litigations about patent

 

Other litigations about patent include litigation caused by qualification of inventor or designer, and litigation caused by that inventor or designer are not given certain reward or award after service invention creation is carried out and economic benefit is obtained.

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