What are the procedures for handling the patent invalidation agency contract?
1. Procedure 1. The client explains the cause of action, the reasons for invalidation and the factual basis, and determines the purpose of the request for invalidation. 2. Sign an agency contract and agency for invalidation. 3. The client shall submit the identity certificate, including a copy of the business license of the enterprise and the identity certificate of the legal representative. 4. The client shall pay the relevant fees according to the contract. 5. Require the client to provide in writing the relevant retrieval materials related to the prior rights related to the invalid patent, or provide the relevant technical materials in the same technical field, similar technical field or related technical field; And ask the client to provide relevant retrieval materials. The information provided by the client must be original and photocopy. If only photocopy is provided, the source, printing and publication time of the photocopy, cover, two, three or back cover and title page of the information shall be provided in writing. If the patent for appearance is invalid, it is also necessary to provide all kinds of materials, picture books and other materials that are the same as or similar to the patent, and collect relevant evidence as an agent, including prior public documents, technical materials, invoices, contracts, products used in prior manufacturing and sales, and other notarized evidence of prior public behavior. 6, study the evidence materials, determine the most effective scheme for the request for invalidation, whether it is necessary to make relevant notarization or appraisal of important evidence; Write a request for invalidation and submit a request for invalidation to the Patent Reexamination Board. 7. For the settlement in the invalidation procedure, put forward the settlement plan and conditions according to the opinions of the client, and write and sign the settlement agreement. 8, study the patentee's opinion statement, timely reply. If the patent involving high and new technology is invalid, the client shall assign professional and technical personnel familiar with the technology to cooperate and guide the process of technical analysis, writing invalid request and attending oral hearing. 9. When patent invalidation involves infringement disputes, assist the client in the following tasks: 1) Assist the client to get the notice of invalidation hearing from the Patent Reexamination Board within 15 days of the defense period; 2) After the Patent Re-examination Board accepts the case, file a request to the people's court to suspend the trial of patent infringement disputes; 3) After the Patent Reexamination Board makes an invalid decision, it shall forward the relevant invalid decision to the people's court. II. List of materials submitted by the client 1. Personal identification certificate of the client or business license and legal person certificate of the enterprise. 2, the patentee's patent certificate, authorized patent announcement documents. 3. Previously published patent documents, previously published scientific and technological documents, known technologies and other technical materials related to invalid patents. 4. When the patent invalidation involves infringement disputes, the client shall also provide the following information: 1) The client's products, photos, product specifications and other materials. 2) All documents served by the people's court, including the litigation request. 3) Description of the production and operation, technical source, time and preparation for production of the products accused of infringement by the client. Iii. Fees The minimum fee charged by an invalid agent is 5, yuan, which shall be negotiated as appropriate according to the difficulty of the case. Invalid request fee, patent retrieval fee, evidence collection fee and travel expenses are paid in advance, and charged by ticket according to the actual amount. When the prosecution of such contracts is handled. The relevant plaintiff should actively prepare relevant materials to explain the uniqueness and originality of the patent. Avoid cases that are difficult to try because of insufficient evidence or vague facts. You can explain and prove it through physical objects, photos and product manuals to protect your legitimate rights and interests.