To this, the reporter interviewed bureau of science and technology of advance river city intellectual property division concerns chief, this controller gives out a few proposals, remind enterprise dimension to enough evidence ought to be withheld when authority.
Network picture is become hard evidence
Above all, industry him need masters enough evidence. It is when pre-construction put on record, should offer product of the other side, oneself product, prove product of the other side violates his patent. Because “ must reach illegal industry through administrative approach business the put on record of intellectual property division of seat, what require data so best can have neat, will raise dimension authority cost back and forth for many times otherwise. Chief of intellectual property division speaks of bureau of science and technology of city of ” advance river.
Network picture serves as enough evidence hard. Especially those are published in webpage bottom avoid duty the website of statement. Be in no matter administrative approach, still be in judicatory lawsuit, network picture often does not have legal effectiveness, can act as far from evidence. Before ever the enterprise issues network photograph, building the official seal of notarial place even, but this evidence still invalidation. At the same time this controller also thinks: “ enterprise the sentence that must issue network photograph, had better look for those doing not have to avoid duty the website of statement, formal perhaps business affairs website, and stand aside wanting a net has a proof. ”
Want to note the time that evidence refers. Inside 15 days when provide evidence in announcement of intellectual property department, must issue all testimony. Administrative measure and judicatory lawsuit are different. In judicatory lawsuit, new evidence can be issued at any time during sessional cognizance. But in administrative approach, if exceeded time limit, although submitting how significant evidence the following day, maintain invalid.
Ensure oneself patent is valid
In addition, the enterprise tells others tort, must have enough hope to his patent. If the time of own patent application still is inferior to the other side be being used early, be overthrown likely even by the other side instead oneself patent, cognizance patent is invalid, this thed loss outweights the gain. In the meantime, want to affirm oneself patent is valid, want seasonable pay patent year cost. If do not have seasonable pay year cost, so in a year half inside recoverable still. For instance, if the patent of application was 2005 on January 1, there was not seasonable pay patent 2006 year cost, should be only so before June 30, 2007 add capture year cost, patent can restore. Exceed this time limit, patent will be regarded as to disable.
Previous12 Next