Patent right evaluation report

Patent right evaluation report

         Definition

         A patent right evaluation report is a report on the stability of a patent right made by the State Intellectual Property Office at the request  of the patentee or interested party, after a utility model or design has been granted a patent and a search has been carried out to analyze and examine whether the patent meets the conditions for grant under the Patent Law and its implementing regulations.

          Object of request

          According to Article 56(1) of the Rules for the Implementation of the Patent Law, the object of a request for a patent right evaluation report is a utility model patent or design patent that has been granted and published, including a utility model patent or design patent that has been terminated.

        Role and value

        The patent right evaluation report can help the patentee and the public understand the legal stability of the relevant patent right. For the patentee, it can prevent him from exercising his/her patent right blindly without understanding the stability of his/her right, thus avoiding damage to his own interests; for the public, when entering into a patent right implementation license contract or transferring the patent right, he/she can further understand the patent right according to the patent right evaluation report, and avoid the worthless transaction behavior on the defective patent right.