7. Q: Welche Erfordernisse soll man erfüllen, um eine Beschwerde bei der Patentverwaltungsbehörde zu erheben?

* It is required that the one who complains must be an entity or individual directly interested in a patent dispute. If the interested party is a foreigner, it should file its complaint through a patent agency or law firm dealing in foreign-related operations.

* Either party to a dispute has not instituted proceedings in the court.

* A letter of complaint should be made available, which contains the following documents and materials:

  • a copy of valid patent certificate and patent description;

  • the correct name and address of the infringer;

  • the facts and evidence of the infringement, including infringing products, speciments of the infringed products, evidence directly or indirectly proving the case of infringement, e.g. invoices, product specifications, photographs, drawings, video-sound tapes, etc.;

  • a power of attorney signed by the patentee or its legal representative; and

  • specific requests for investigation and handling of the matter.

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