14. Q: Wie lange braucht die Patentverwaltungsbehörde ungefähr, um eine Streitigkeit wegen Patentverletzung beizulegen?

The time limit for an administrative authority for patent affairs to investigate and handle a dispute is up to a local administrative authority for patent affairs to decide. For example, the Regulations of Guangdong Province on Patent Protection provides that when mediation fails, the administratrative authority for patent affairs shall make its decision to revolve a dispute within six months. Under some circumstances, more time is needed for investigation and handling. The burden of proof rests with the other party as regards an invention of process to manufacture a new product. A patentee sometimes needs time to verify by tests to collect evidence. Moreover, when a patentee takes action against infringement, the infringer often has to request the Patent Reexamination Board to invalidate the patent right. When the counterclaim raised by the other party is invalid, it is, then, possible to wait for two years or longer if the administrative authority for patent affairs has to wait for the final result of the request for invalidation.

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