Acceptance Address and Conditions
Application Materials and Fees
Responsible Authority: Beijing Municipal Intellectual Property Office
Acceptance Address:
Filing Window: Beijing Intellectual Property Protection Center
(Beijing
Office of China National Intellectual Property Administration Patent Office)
Address: 2nd Floor, Building A, China Technology Trading Mansion, No.
66 North 4th Ring West
Road,
Haidian District, Beijing
Office Hours: 9:00-12:00, 14:00-18:00, Monday to Friday (excluding
statutory holidays)
Filing Consultation Telephone: 010-62544288
Acceptance Conditions:
(1) The requestor is the patentee or interested party;
(2) There is a specific respondent;
(3) There are clear requests and specific facts and reasons;
(4) Within the scope of acceptance and jurisdiction of the patent
administrative department;
(5) The party concerned did not file a lawsuit with the People's Court
over the patent infringement
dispute.
The interested party mentioned in the first item includes the licensees in the Patent Exploitation
License Contract and the legal heirs of the patentee. Among the licensees in the Patent Exploitation
License Contract, the licensees under the Exclusive License Contract can make a separate request;
the
licensees under the Sole License Contract can make a separate request if the patentee does not do
so;
unless otherwise stipulated in the contract, the licensees under a simple license contract cannot
make a
separate request.
Application materials:
1.The patent infringement dispute resolution request is needed.
2.One photocopy of the patent certificate is needed.
3.One photocopy of the invoice for payment of annual patent fee is
needed.
4.The duplicate copy of the patent register is needed. (If items two
and three are provided, this item is not compulsory; if item two or three cannot show the present
status of the patent right, this item must be provided.)
5.Relevant evidence (photocopies or original copies) shall be
included.
6.One proof of subject qualification is needed. Individuals shall
submit a photocopy of the Resident ID card or other valid identity documents. A firm shall submit a
photocopy of a valid business license or other certificate documents of subject qualification
stamped with the official seal and complemented by the personal identity certificate of the legal
representative or principal person in charge of the firm.
7.One authorized power of attorney is needed.
8.One photocopy of the authorized person's Resident ID card or other
valid identity documents is needed.
Note:The requestor shall provide the original copy of all the
above-mentioned materials and
duplicate
copies of the materials specified in items 1 to 5 in accordance with the numbers of the respondents.
Whereas a patent infringement dispute involves a utility model or design patent, the department of
patent management may require the requestor for a patent right evaluation report (search report for
utility model patent) from China National Intellectual Property Administration.
The request shall involve the following information: the name and
address of the requestor,
the name of
the legal representative or the name and position of principal person in charge of the firm (if an
agent
is authorized, the name of the agent and the name and address of the agency shall be provided); the
name
and address of the respondent; details of the dispute followed by the facts and reasons of the
request;
and the request shall be signed or stamped by the requestor.
Fees: Free of charge
