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How to protect the patent right before suing and what are measurements taken by the patentee?

Author:eastking     Source:eastking     Hits:955     Time:2011/4/14

Where any patentee or interested party has evidence to prove that another person is infringing or will soon infringe its or his patent right and that if such infringing act is not checked or prevented from occurring in time, it is likely to cause irreparable harm to it or him, it or he may, before any legal proceedings are instituted, petition the people's court to adopt measures to stop the relevant acts.


The people's court shall make a ruling within 48 hours after receiving the petition. Where there are special circumstances that require a delayed ruling, the court may make a ruling within another 48 hours. If the ruling is made to stop the relevant act, the ruling shall be enforced immediately. If any interested party is not satisfied with the ruling, it or he may apply for reconsideration within 10 days of decision made. The enforcement of the ruling shall not be suspended during the reconsideration.


Where the petitioner fails to institute legal proceedings within 15 days after the people's court issued the ruling to stop the relevant act, the people's court shall lift the measures.


When the people’s court is adopting measures to stop the relevant acts, the people’s court may preserve the evidence according to the concerned parties’ petition.