If the patent is still within the protection period, you can defend your rights and directly contact a lawyer. You can also call your local intellectual property office.

Protection of Patent Rights

Article 79 The departments that manage patent work as mentioned in the Patent Law and these Rules refer to the people’s governments of provinces, autonomous regions, and municipalities directly under the Central Government as well as patent management departments. Departments established by the people's governments of districted municipalities with large volumes and practical processing capabilities to manage patent work.

Article 80: The patent administration department of the State Council shall provide business guidance to the patent management department in handling patent infringement disputes, investigating and handling patent counterfeiting, and mediating patent disputes.

Article 81 If a party requests to handle a patent infringement dispute or mediate a patent dispute, the patent administration department at the place where the respondent is located or where the infringement occurred shall have jurisdiction.

For patent disputes where two or more patent administrative departments have jurisdiction, the parties may submit a request to one of the patent administrative departments; the parties may submit a request to two or more patent administrative departments with jurisdiction. If a request is made, it shall be under the jurisdiction of the patent management department that first accepts the request.

If a department that manages patent work has a dispute over jurisdiction, the department that manages patent work with the same superior people's government shall designate the jurisdiction; if there is no dispute with the department that manages patent work with the same superior people's government, shall be under the designated jurisdiction of the patent administration department of the State Council.

Article 82: In the process of handling a patent infringement dispute, if the respondent files a request for invalidation and the request is accepted by the Patent Reexamination Board, he may request the patent management department to suspend the processing.

If the department that manages patent affairs believes that the reason for suspension put forward by the respondent is obviously untenable, it may not suspend the process.

Article 83 If the patentee, in accordance with the provisions of Article 17 of the Patent Law, marks a patent mark on its patented product or the packaging of the product, it shall do so in the manner prescribed by the patent administration department of the State Council. marked.

If the patent mark does not comply with the provisions of the preceding paragraph, the department managing patent work shall order it to make corrections.

Article 84 The following acts are acts of counterfeiting patents as stipulated in Article 63 of the Patent Law:

(1) Using products or their packaging that have not been granted patent rights mark the patent mark on the product, continue to mark the patent mark on the product or its packaging after the patent right has been declared invalid or terminated, or mark the patent number of another person on the product or product packaging without permission;

(2) ) sell the products mentioned in item (1);

(3) In product instructions and other materials, the technology or design that has not been granted patent rights is called patented technology or patented design, and the patent application is called Patents, or the unauthorized use of patent numbers of others, causing the public to mistake the technology or designs involved as patented technologies or designs;

(4) Forging or altering patent certificates, patent documents, or Patent application documents;

(5) Other behaviors that confuse the public and mistake unpatented technology or design for patented technology or patented design.

If a patented product, a product obtained directly by a patented method, or its packaging is marked with a patent logo in accordance with the law before the patent right expires, and if the product is promised or sold after the patent right is terminated, it does not constitute patent counterfeiting.

Anyone who sells products that are not known to be counterfeit patented products and can prove the legal origin of the product will be ordered to stop selling by the patent management department, but will be exempted from fines.

Article 85 In addition to the provisions of Article 60 of the Patent Law, the department managing patent affairs may mediate the following patent disputes at the request of the parties:

(1) Disputes over patent application rights and ownership of patent rights;

(2) Disputes over the qualifications of inventors and designers;

(3) Rewards and remuneration for inventors and designers of service-based inventions and creations Disputes;

(4) Disputes over using an invention after the invention patent application is published but before the patent right is granted without paying appropriate fees;

(5) Other patent disputes.

For disputes listed in Item (4) of the preceding paragraph, if the parties request mediation from the patent administration department, they shall do so after the patent right is granted.

Article 86: If a party has a dispute over the right to apply for a patent or the ownership of the patent right, and has requested mediation from the patent administrative department or filed a lawsuit in the People's Court, it may request the patent administration department of the State Council to suspend the relevant procedures.

To request the suspension of relevant procedures in accordance with the provisions of the preceding paragraph, a request shall be submitted to the patent administration department of the State Council, together with the relevant acceptance documents from the patent administration department or the people's court indicating the application number or patent number. copy.

After the mediation letter issued by the patent administrative department or the judgment issued by the people's court takes effect, the parties concerned shall go through the procedures for resuming relevant procedures with the patent administration department of the State Council. If the dispute over the right to apply for a patent or the ownership of the patent right cannot be resolved within one year from the date of the request for suspension, and the relevant procedures need to be continued to be suspended, the requester shall request an extension of the suspension within this period. If no extension is requested upon expiration, the patent administration department of the State Council shall resume relevant procedures on its own initiative.

Article 87: When the people's court rules to take preservation measures against the patent application right or patent right in the trial of a civil case, the patent administration department of the State Council shall, upon receipt of the ruling stating the application number or patent number, and the relevant procedures for suspending the protected patent application right or patent right on the date of the notice of assistance in execution. If the preservation period expires and the people's court does not rule to continue taking preservation measures, the patent administration department of the State Council shall resume the relevant procedures on its own initiative.

Article 88 The suspension of relevant procedures by the patent administration department of the State Council in accordance with the provisions of Articles 86 and 87 of these Rules refers to the suspension of the preliminary examination, substantive examination, and reexamination procedures of patent applications. The procedures for granting patent rights and declaring the invalidation of patent rights; suspend the procedures for abandoning, changing, transferring patent rights or patent application rights, the procedures for pledge of patent rights, and the procedures for termination before the expiration of the patent right, etc.