I. Application Conditions

When an applicant applies to the competent administrative authority for handling a patent infringement dispute, the following requirements shall be satisfied:

(1) The applicant is the patentee or an interested party;

(2) The respondent is clearly identified;

(3) The request shall be described in detail, with specific facts and reasons;

(4) The case falls into the scope of acceptance by and under the jurisdiction of the relevant administrative authority;

(5) The interested party has not instituted proceedings in the People's Court regarding the patent infringement dispute.

The interested party mentioned in (1) includes, among others, the licensee of a patent licensing contract and the legitimate successor of a patentee. Of the former, the exclusive licensee of a patent licensing contract may make an application alone; and the sole licensee of a patent licensing contract may do so when the patentee does not make an application. Unless otherwise agreed upon in a contract, an ordinary licensee of a patent licensing contract shall not make an application alone.

II. Materials Required

When an applicant applies to the competent administrative authority for handling a patent infringement dispute, the following materials shall be submitted:

1. The Letter of Request, which shall contain, among other things, the following information:

(1) Name or title and address of the applicant, and name and position of the legal representative of the applicant or the person in charge, the name of the entrusted agent (if any) and the title and address of the agency where an agent has been appointed;

(2) Name or title and address of the respondent(s); and

(3) The request and the facts and reasons.

The Letter of Request shall be signed or sealed by the applicant.

2. The subject qualification certificates. Specifically, a person shall submit the resident ID card or other valid identity documents; the unit shall submit a copy of the valid business license or other qualification certificates and identity certificate of the legal representative or the person in charge.

3. The proof of the validity of the patent, that is, the copy of the Patent Registration Book or the Patent Certificate and the receipt of the annual patent fee. Regarding the patent infringement dispute related to a patent for utility model or design, the competent administrative department may request the applicant to submit the patent evaluation report (the retrieval report on the patent for utility model) issued by the State Intellectual Property Administration.

4. Evidentiary materials that can preliminarily prove the respondent's act of patent infringement.

The applicant shall provide a copy of the Letter of Request and the relevant evidence for each respondent.

III. Contact Information