Jinan carried out the first patent administrative ruling in Shandong Province and the joint trial of administrative rights

Author:Qilu.com Time:2022.07.08

Qilu.com · Lightning News, July 8th. Recently, the National Intellectual Property Office patent bureau review and invalid review department and Jinan Market Supervision and Administration (Municipal Intellectual Property Office) conducted joint trial activities in China (Jinan) Intellectual Property Protection Center, and then The two exterior design patents carried out the trial of patent invalidation and patent infringement disputes, respectively, and made a trial decision in court.

The patent person in Jinan City submitted a request for dispute disputes to the Jinan Market Supervision and Administration Bureau (Municipal Intellectual Property Office), requesting to handle the two -piece design patent rights that have been produced, sold, and promised to sell in Jinan. During the dispute process, a technology company in Jinan City filed a request to the National Intellectual Property Office to announce the invalid patent rights to the Patent Intellectual Property Office. In order to improve the efficiency of the case handling, the State Intellectual Property Office and the Jinan Market Supervision and Administration Bureau (Municipal Intellectual Property Office) carried out a joint trial of patent administrative rights and administrative rulings.

During this joint trial, the State Intellectual Property Office first tried the patent invalid cases. Essence Through a joint trial, the two parties have established an intuitive and clear understanding of the design points of the design of the exterior, the difference from the existing design, and the size of the design space, which properly identified the scope of the protection of patent rights and accurately judged the infringement. After the joint trial, the State Intellectual Property Office made a review decision in court, announcing that the patent rights involved in the two cases involved were invalid. The Jinan Market Supervision and Administration Bureau (Municipal Intellectual Property Office) was further clarified by the patent status and protection scope. The power person applied for a decision to revoke a case of patent infringement dispute over the court of two infringement disputes.

The joint trial is the notice of the Jinan Market Supervision and Administration Bureau (Municipal Intellectual Property Office) in accordance with the "Notice of the Shandong Provincial Market Supervision Administration on Establishing an Administrative Ruling and Administrative Confirmation Mechanism of Patent Infringement Disputes", in the exemplary ruling construction of patent infringement disputes, demonstration construction The exploration and innovation in China has achieved the linkage of patent administrative ruling and patent confirmation procedures. Through the "seamless docking" of the same patent infringement case and invalid cases, the goal of efficient and high -quality cases is achieved. Focus to achieve the connection and consistency of infringement and confirmation referee standards. On the other hand, it can improve the efficiency of case handling, save the cost of rights protection of the parties, and shorten the cycle of rights protection. At the same time, the joint trial and decision on the spot have enhanced the transparency of the case trial, creating a fast channel for intellectual property protection, and timely to stop the struggle to reduce the lawsuit of the parties. Dive valve "" function.

Intellectual property administrative law enforcement officers in Zibo, Rizhao and other cities, intellectual property personnel from the city's intellectual property protection centers, rights protection assistance centers, etc. participated in the on -site listening and exchanged on the spot after the trial.

In the next step, the Jinan Market Supervision and Administration Bureau (Municipal Intellectual Property Bureau) will continue to strengthen intellectual property protection, improve the rapid collaborative protection mechanism of intellectual property rights, realize rapid review, fast confirmation, and fast rights protection, and provide rapid protection of intellectual property rights for key industries Green channels promote rapid treatment of intellectual property cases.

Lightning News reporter Dong Jie Correspondent Hu Yimeng report

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