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How to apply to the administrative organ for the patent protection?

Updated: 2014-12-28
(sipa.gov.cn)

(1) The patentee, in case of putting forward an application for handling the dispute on the patent infringement in Shanghai, shall submit the following materials to Shanghai Intellectual Property Administration: the originals of the application in duplicate (if the applicant is an individual, it is required to be signed; if that is an unit, it is furthermore required to be affixed with the official seal. For the application form, it can be downloaded from the website of Shanghai Intellectual Property Administration).

(2) Where the applicant is a legal person, a qualification certificate of the legal person shall be submitted; where the applicant is a licensee to take charge of the licensing contract for patent implementing, in addition to the qualification certificate of legal person, the counterpart(s) of the contract put on records by State Intellectual Property Office or the authorized local Intellectual Property Administration shall also be submitted; where the applicant is an individual, the Identification Card (ID) of the applicant itself shall be submitted; where the applicant is an heir to the patent right(s), in addition to the personal ID, the certifying documents for proving that it is entitled to legally inherit the patent right(s) shall be submitted. (For all the above-mentioned materials, they can be also submitted in the form of copies.)

Where the applicant is a foreigner or foreign enterprise having no residence or business office in the People’s Republic of China, outside which the submitted evidencing materials, such as the qualification certificate for the legal person, the letter of attorney etc, are formed, these evidencing materials shall be proved by the notary organ of the its own country and then authenticated by the embassy and consulate of the People’s Republic of China in the relevant country. Where an agent is entrusted, a letter of attorney shall be submitted.

(3) The patent specifications concerning the related patent right published by the State Intellectual Property Office, as well as the latest receipt copies for the paid annual fee in duplicate.

(4) Relevant evidences including the documentary evidence, the material evidence, the audio-visual material, the witness's testimony and the identification conclusion, all of which are able to prove that the applicant, without the permission of patentee(s), implements their patent(s). (For the written evidencing materials, copies shall be prepared in duplicate)

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