Press Enter to Center block

Intellectual Property and Commercial Court



Decision No. 2008-Xing-Zhuan-Su-48
Date February 26, 2009
Decision Highlight

In the present case, the Plaintiff’s assertion regarding the ownership of the disputed patent is a controversy over a civil matter. Such controversy is not a dispute that can be decided by the IPO or the administrative appeal board. Even in a case where the IPO considers that the disputed patent belongs to Plaintiff, if Interventor is not satisfied with such decision, the controversy over the ownership shall be legally resolved through a civil litigation procedure. Once the ownership issue is resolved in a civil lawsuit, the real owner of the disputed patent can then request the IPO to issue her a certificate of the disputed patent on the basis of the court’s judgment. Theownership issue of a private right cannot be adjudicated in an administrative litigation procedure.

Related Provision

Patent Act: Article 67, Paragraph 1, Subparagraph 3; Article 12, Paragraph 1

  • Release Date:2020-11-13
  • Update:2020-12-07