I. Scope of acceptance of mediation request

1. Disputes over compensation for patent infringement;

2. Disputes over the ownership of patent application rights and patent rights;

3. Disputes over the qualifications of the inventor and designer;

4. Disputes over awards and remuneration to the inventor or designer of service inventions or creations;

5. Disputes over using an invention without paying appropriate fees after the publication of the invention patent application but before the patent right is granted;

6. Other patent disputes.

II. Acceptance conditions

Administrative mediation can be requested by one party or by both parties. Requests for mediation of patent disputes shall meet the following conditions:

1. The requestor is the patentee or interested party;

2. There is a clear respondent;

3. There are clear requests and specific facts and reasons; 4. Within the scope of acceptance and jurisdiction of the patent administrative department;

5. The party concerned did not file a lawsuit with the People’s Court over the patent dispute, nor reach an arbitration agreement.

The parties involved in the patent ownership dispute include the patentee or the patent applicant and other persons claiming rights to the patent or patent application.

The parties involved in the dispute over the inventor and designer qualifications include the inventor or designer, the person who claims to be the inventor or designer, and the patent applicant or patentee. Where more than one inventor or designer is listed in the patent document, and some inventors claim that one or some of the inventors or designers have not made creative contributions to the substantial features of the invention, the claimant and the defendant are both parties.

The parties involved in the reward dispute include the patentee, inventor or designer or their successor of rights, and those who claim to be the inventor or designer.

The parties involved in the dispute over royalties during the temporary protection period of an invention patent include the user of the patented technology and the patentee or the successor of his rights, but not the licensee of the patent license contract.

The parties involved in the dispute over the compensation for patent infringement include the requestor and the respondent in the process of handling patent infringement dispute cases by the patent administrative department.

III. Acceptance address

Room 302, Building 1, No. 300 Shibo Village Road, Pudong New Area, Shanghai

IV. Application materials

1. A written request for mediation of patent disputes. Applicants shall provide the original request and copies of the request in accordance with the number of respondents, which shall be signed or sealed by the requestor. Where a separate request is made for mediation of the compensation for patent infringement, a copy of the written decision for handling the case confirming the establishment of the infringement made by the relevant patent administrative department shall be submitted.

The identity certificates of the requestor.

(1) Subject qualification certification documents (ID card of natural person, a copy of the business license of legal person or other organizations, or other subject qualification certification documents). Legal person shall submit a copy of the above-mentioned documents stamped with official seal, and natural person shall submit a copy of the above-mentioned documents with signature for confirmation;

(2) The identity certificate of the legal representative or the principal responsible person, which shall be stamped with official seal;

(3) A copy of the identity certificate of the agent with signature for confirmation.

3. Evidences and materials related to the dispute. The number of copies submitted shall be one for the patent administrative department and one for each respondent.

4. 5. A letter of authorization. The requestor can appoint one or two persons as his or her agent. The letter of authorization shall specify the matters and authority scopes entrusted. The agent shall have the special authorization of the appointer to recognize, waive or alter a claim, make a reconciliation or sign relevant legal documents on his behalf. Where the authority specified in the letter of authorization is full power, the requestor shall be required to specify the authority scope.