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Practical Practical Guide for Patent Property Preservation
Time: 2025-04-02 Click count: 958

1、 Full Text of Patent Property Protection

The People's Court, the public security organ and other preservation organs shall submit to the China National Intellectual Property Administration the written decision on property preservation of the patent application right (or patent right), the notice of assistance in execution, and the front and back copies of the work certificates of the two case handlers. The title of the notice of assistance in execution may be "China National Intellectual Property Administration" or "Patent Office of China National Intellectual Property Administration". The notice of assistance in execution shall specify the patent application number (or patent number), the name of the patent applicant (or patentee), the duration of property preservation and other contents that require the China National Intellectual Property Administration to assist in the execution of property preservation, provide the correspondence address, postal code, recipient's name and contact number of the preservation authority, and affix the official seal of the preservation authority. The request for patent application rights or ownership changes of patent rights shall not be included in the notice of assistance in execution. If there is a change in the applicant or patent holder through the trial or auction procedure of the people's court, the people's court shall first handle the procedures for lifting the property preservation. After the China National Intellectual Property Administration cancels the procedures for property preservation and recovery of the patent (application) involved in the case, the party concerned (the applicant or patentee before or after the change) shall go through the procedures for changing the bibliographic items with the China National Intellectual Property Administration.

2、 Patent property preservation period 
The duration of patent property preservation is three years, counting from the date when the China National Intellectual Property Administration receives the ruling and the notice of assistance in enforcement. The expiration date shall not be extended on statutory holidays and shall not exceed the validity period of the patent right of the involved patent. If the property preservation period exceeds the validity period of the patent right, the expiration date of the patent right validity period shall be deemed as the expiration date of the property preservation period. Before the expiration of the preservation period, the preservation authority may resubmit the full text of the property preservation document to continue the preservation. The extension period for preservation is three years, and there is no limit to the number of times preservation can be renewed.
 

3、 Submit the full text of the patent property protection document

The preservation organ may submit the full text of patent protection to the China National Intellectual Property Administration by hand or by mail. Delivery address: Reception Hall, Floor 1, Building 2, China National Intellectual Property Administration, No. 6, Xitucheng Road, Haidian District, Beijing. Mailing address: Legal Affairs Division 1, Examination Business Management Department, Patent Office, China National Intellectual Property Administration, No. 6, Xitucheng Road, Haidian District, Beijing, 100088. 4、 The legal consequences of patent property preservationThe relevant procedures of the China National Intellectual Property Administration for suspending the preserved patent application right or patent right, including the suspension of the preliminary examination, substantive examination and reexamination procedures of the patent application, the procedure for granting the patent right and the procedure for declaring the patent right invalid; Suspend the procedures for waiving, changing, transferring patent rights or patent application rights, patent pledge procedures, and termination procedures before the expiration of the patent term.

Source: China National Intellectual Property Administration


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