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Services

Patent Prosecution

Patent prosecution is the base for obtaining a patent protection. In the prosecution, any formality or substantial issues will have deep influence to the furture patent protection. Therefore, a patent agency plays a very important role in this aspect.

Most of SBZL's patent professionals have more than 5-years patent prosectuion experiences which gives them comprehensive knowledge on Patent Law and practices whether in the substantial aspect or in the formility aspect.

Regarding the patent prosecution, SBZL has the full capability to provide clients with the following services:
  • Drafting patent application documents for inventions, utility models and preparing industrial designs;
  • Searching patent documents to identify relevant prior art;
  • Filing patent applications with the State Intellectual Property Office and going through formalities;
  • Filing patent applications in US, EPO, Japan, South Korea and other countries and going through formalities;
  • Registrating standard patents, short-term patents and industrial designs in Hong Kong;
  • Registrating utility patents, designs and utility model patents in Macao;
  • Filing patent application for inventions, utility models and new designs in Taiwan district;
  • Filing PCT international patent applications and going through formalities at the stage of both the international phase and the national phase of China;
  • Filing integrated circuit layout design applications;
  • Responding to officical notification or office actions and submitting responses with the SIPO;
  • Handling Re-Examination procedure before the SIPO and the possible appeal procedure before the Court;
  • Requesting restoration of rights, extension of maturity, alteration of bibliographic data; and
  • Dealing with maintainence of patents, utility models and designs.

Assignment & License

As a type of leverage, patent rights are more and more important for enterprises in their market transactions. In practice, it is extremely complex to conclude a contract for patent license, assignment and market transfer. A defective patent contract often causes difficulties and disputes.

SBZL patent attorneys will work with its rich-experienced attorneys-at-law to help clients entering into a more rigorous and comprehensive contract for patent assignment, license and market transfer.

In this aspect, SBZL is able to provide clients with the following services:
  • Concluding of assignment contracts for patent applications or patent rights and drafting/negotiating for patent licenses;
  • Representativing in disputes over contracts of patent assignment and license;
  • Representativing in transactions between patentee and assignee/licensee, and finding vendees for the market transfer of patent rights.

Patent Infringement & Invalidation

As an intangible property right,patent right is substantially different from tangible property as far as determination of protection objects and infringement is concerned. Therefore, to understand properly what is the protection scope of a patent is a key issue to patent attorneys. Moreover,infringers always fight back with the plaintiff by initiating patent invalidation action and thus defend validity of a patent right is also a task that patent attorneys should face to.

Most of SBZL's senior professionals have been involved in numerous of patent infringement cases which makes them know much about the administritive and civil actions procedure against infringers. They also accordingly faced to hundreds of challenges from infringer's invalidation attack. Such experiences give SBZL's professionals a strong capability on how to deal with infringers efficiently and wisely.

In this aspect, SBZL is able to provide clients with the following services
  • Representativing in disputes over patent invalidation;
  • Acquisiting patent register and evaluation reports on utility model patents or design patents;
  • Representativing in patent infringement disputes;
  • Representativing in request for investigation and administrative punishment of patent pass-off; Representativing in patent recordal at Customs and requesting the customs to take protective measures;
  • Requesting the court to take provisional protective measures and preserve evidence before litigation; and
  • Requesting the order issued by the administrative authorities to stop the act of offering for sale at trade fairs.

Patent Search & Consultation

To improve enterprises’ ability to either protect their own patent rights or avoid patent attack from others, it is important to have a proper IP strategy which comprises a series of steps, such as patent clearance searching, monitoring contender’s patent layout, patent infringement pre-analysis, patent validity pre-analysis, etc.

SBZL professional have been involved much in helping clients to build up their own patent strategies and then carry out them. Therefore, SBZL is quite able to provide the following services:
  • Assisting clients to build up their patent working systems and patent protection strategies;
  • Searching for various of patent information and providing results in different languages;
  • Analyzing possibility of patent infringement and validity of a patent; and
  • Conducting patent clearance search and providing our opinion.

Freedom-to-Operate

patent administration protection

China’s legal system consists of criminal, civil and administrative procedures. Patent management administrations, including Patent Bureaux and Science and Technology Offices, can determine patent infringement disputes on the application of the concerned parties.

If the infringement is found, the local IP offices has rights by application to order the infringer to stop manufacturing and/or distributing the infringing products while impose a fine. No damages will be awarded by this action.

The administrative patent enforcement system is quick and relatively efficient. It works best for utility models and designs. It either can be a mean of collecting evidences for further litigation claim seeking injunctions and compensations.