The compensation for patent infringement is calculated based on four methods: actual losses, profits from infringement, multiples of the license fee, and statutory compensation of no more than 5 million yuan; if the malicious circumstances are serious, punitive damages of one to five times the amount may be imposed.
Learn more >
For proving patent infringement, it is necessary to fix the physical products of the products being sued, as well as the evidence of sales and profits. It is preferable to notarize the purchase and preserve the web pages. According to Article 71 of the Patent Law, the compensation shall be the amount of the infringement profits or the multiple of the license fees.
Learn more >
Before filing a lawsuit for patent infringement, one can apply for a preliminary injunction to stop the infringement (preservation of rights). According to Article 72 of the Patent Law and the Civil Procedure Law, one must provide a guarantee and prove the urgency and likelihood of winning the lawsuit. Anyone who files an incorrect application shall be liable for compensation.
Learn more >
The infringement of design patents is determined based on whether the overall visual effect is the same or similar. According to Article 64 of the Patent Law, the authorised images are compared with the products under complaint, taking into account the design space and distinctive features.
Learn more >
Taking away technical information upon resignation may constitute an infringement of trade secrets or a breach of contract. According to Article 9 of the Anti-Unfair Competition Law and the Labor Contract Law, the right holder may demand that the infringement be stopped and claim compensation; if the case involves trade secrets and the circumstances are serious, it may even constitute a criminal o...
Learn more >
If the unit fails to award the inventor with a reward, the inventor can seek legal protection in accordance with the law. According to Article 15 of the Patent Law, the unit has the obligation to provide the inventor with a reward and compensation for their work-related inventions. The inventor can file a complaint, seek mediation, or initiate arbitration or litigation, the key point being to prov...
Learn more >
The remuneration for invention awards in the workplace is subject to an agreement, and if there is no agreement, it shall be in accordance with the statutory minimum standards set forth in the Implementing Regulations of the Patent Law: the bonus for invention patents shall not be less than 3,000 yuan per item.
Learn more >
There is a six-month grace period for late payment of annual patent fees, during which the fees can be paid retroactively. If the fees are not paid after the grace period expires, the patent rights will be terminated. If the patent rights are terminated due to exceeding the deadline, it is possible to request to restore the rights on the basis of legitimate reasons.
Learn more >
When claiming national priority in a patent application, the applicant must file a similar application on the same subject matter within twelve months from the date of the first application, submit a written statement and provide a copy of the original application. In this case, the original application will be deemed to be withdrawn.
Learn more >
The application for patent division should be submitted before the patent is granted. According to the unity requirement of the Patent Law, if there is a lack of unity, the patent can be divided and the original filing date can be retained, but it must not exceed the scope described in the original application.
Learn more >
When responding to the review comments, the amendments made should not exceed the scope described in the original specification and claims; amendments made to overcome deficiencies are usually limited to clarification and should not expand the scope of protection. The content supported by the original records can be adjusted to a reasonable extent.
Learn more >
The response period for the notice of review opinion is generally four months from the date of receipt, and the respondent may request an extension in accordance with the regulations. If the respondent fails to respond within the time limit without a valid reason, the application will be deemed as withdrawn.
Learn more >
A patent application will be deemed withdrawn if the applicant fails to pay the fees on time, fails to request a substantive examination within three years, fails to respond to the review opinion within the time limit, or fails to make corrections within the time limit.
Learn more >
The review process for invention patents consists of five stages: acceptance, preliminary review, publication within 18 months from the filing date, substantive review (request submitted within three years), and the announcement of the grant of the patent.
Learn more >
An invention patent application must include a request for patent, a description, an abstract of the description, a claims section, etc. If necessary, it must also include drawings, a declaration on genetic resources, a priority right certificate, and a power of attorney.
Learn more >
