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Beijing IP Office Actively Cooperate with Patent Right Affirmation Departments to Establish Linkage Mechanism

“It took only one day to successfully resolve the infringement disputes between the two parties.” On June 13, 2019, the Beijing Municipal Intellectual Property Office passed a joint oral hearing to discuss the dispute between Roller Coaster (Beijing) Catering Management Co., Ltd. and Weightlessness. (Beijing) Catering Management Co., Ltd.'s administrative ruling on patent infringement disputes (hereinafter referred to as administrative ruling on patent infringement) was heard, and the fast and efficient ruling was well received by the parties involved.

The case is an epitome of Beijing Intellectual Property Office's exploration to quickly solve patent infringement disputes and promote the rapid protection of intellectual property rights. The relevant person in charge of the bureau of intellectual property protection in introduce to our reporter, in view of the existing in the patent rights of problem such as "long time and high cost", the Beijing intellectual property office under the guidance of the China National Intellectual Property Administration of the support, actively cooperate with patent right verification department, establish patent administrative ruling and patent approval procedures of linkage mechanism. "Up to now, we have carried out joint trials of more than 10 important typical cases, achieved the convergence and consistency of the judgment standards for patent infringement and affirmation of patent rights, handled administrative adjudication cases of patent infringement quickly and efficiently, saved the cost of rights protection for the parties involved, and achieved good social effects."

Innovate the trial mode and solve the problem of safeguarding rights

In March 2020, eight localities, including Beijing, Hebei, Shanghai and Jiangsu, carried out demonstration construction of administrative adjudication for patent infringement as the first batch of pilot projects.

As a pilot unit for the demonstration construction of patent infringement administrative adjudication, Beijing Intellectual Property Office has actively carried out the demonstration construction pilot work. In recent years, the Beijing intellectual property office accepts each year more than 300 cases of patent infringement disputes, how to fast and efficient treatment of infringement disputes, cracking problem of patent rights "long", the agency administrative ruling way of working, positive innovation with patent infringement and patent approval department cooperation, creatively put forward the "joint review" of the new model patent infringement administrative ruling trial (will accept the administrative ruling cases and against the involved patent case to CNIPA of the patent right invalid shall be conducted at the same time, the same place trial), implements the patent administrative ruling and the linkage of the patent right verification procedures, Through the "seamless docking" of the same patent infringement cases and invalid cases, the goal of fast and efficient handling of patent infringement disputes is achieved, and the cost of rights protection of the parties is saved, and the period of rights protection is shortened.

According to the above person in charge of the IPR Protection Office of Beijing Intellectual Property Office, the joint oral examination has three advantages: "First, it provides opportunities for business exchanges between local patent enforcement officers and SIPO examiners, which is conducive to the communication of case focus, the prevention of differences and the consistency of judgment standards; Second, it is conducive to improving the efficiency of case handling; The third is to provide convenience for the parties to protect their rights, reduce the cost of protecting their rights and save social resources."

Effectively resolve disputes and win praise from all sides

In recent years, Beijing Intellectual Property Office has tried a number of important typical cases using this new model, which has improved the efficiency of case handling, effectively resolved patent disputes, protected the legitimate rights and interests of the parties, and won praise from all parties.

On November 17, 2020, the Beijing intellectual property office of the joint mouth, jointly with CNIPA of the stone in Beijing century technology co., LTD. (hereinafter referred to as stone technology company) and Beijing qihoo technology co., LTD. (hereinafter referred to as qihoo technology company), and other relevant parties of administrative ruling cases 4 up with patent infringement, and patent invalid cases involved in the oral hearing.

The patent involved is "air duct structure, air duct structure and automatic cleaning equipment of automatic cleaning equipment". The requestor of the case is Beijing Stone Century Technology Co., Ltd., and the requestees include Qihoo Technology Co., Ltd.

It is understood that due to the complex patent involved, CNIPA heard the patent invalid case in the morning and the patent infringement administrative adjudication case in the afternoon. The two parties involved reached a settlement after oral trial.  

Source: China Intellectual Property News

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